THIS  VOLUME  IS  STATE  PROPERTY. 


rr  IT 


•esi 

IT  E  N  E  R  A  L 


SCHOOL   LAWS 


MC-NRLF 


MICHIGAN 


APPENDIXES 


COMPILED    AT    THE   OFFICE   OF    THE 


SITKRINFENDENT  OF  PUBLIC   INSTRUCTION 


1881. 


BY     AUTHORITY. 


LANSING: 
W.'s.  GEORGE  &  CO.,  STATE  PRINTERS  AVD  BINDERS. 

1881. 


LIBRARY 

OK  TIII: 

UNIVERSITY  OF  CALIFORNIA. 


Deceived 

Class  No. 


THE 


GENERAL  SCHOOL  LAWS 


OF 


MICHIGAN: 


WITH 


A.PFE3STDIXES 


COMPILED  AT   THE  OFFICE  OF  THE 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION, 


1881. 


BY    AUTHORITY. 


LANSING: 
W.  S.  GEORGE  &  CO.,  STATE  PRINTERS  AXD  BINDERS, 

1881. 


THIS  VOLUME  IS  STATE  PROPERTY. 

School  officers,  on  retiring  from  office,  are  required  by  law  to  deliver  this  book, 
with  all  other  books  and  documents  of  an  official  character,  to  their  successors  in 
office.— See  Compiled  Laws  of  2871,  Chapter  CCXX. 


- 


-      > 

•  ^ 


[TJHIVIXISITY; 

>, 


INTRODUCTORY. 


This  edition  of  the  General  School  Laws  has  been  prepared  in  obedience  t( 
the  provisions  of  law  requiring  the  Superintendent  of  Public  Instruction  t( 
" compile  and  cause  to  be  printed  all  general  laws  relating  to  schools,  togethe: 
with  all  necessary  forms,  regulations,  and  instructions  for  conducting  all  pro 
ceedings  under  said  laws,  or  relative  to  the  organization  and  government  of  th< 
schools,  including  rules  and  regulations  for  the  management  of  township  am 
district  libraries,"  and  to  transmit  the  same  to  the  several  officers  intrustec 
with  the  care  and  management  of  said  schools. 

The  last  general  compilation  was  made  in  1879,  but  by  an  act  passed  by  tin 
Legislature  of  1881,  revising  and  consolidating  the  general  school  laws  of  th< 
State,  nearly  all  the  provisions  contained  in  that  compilation  were  repealed  aui 
replaced  by  Chapters  I  to  XIII  of  the  present  compilation.  These  thirteei 
chapters,  constituting  Act  164,  Laws  of  188],  embrace  all  the  general  provis 
ions  relating  to  public  schools.  To  these,  for  convenience  of  reference,  ar 
added  the  laws  relating  to  election  of  school  inspectors,  teachers'  institutes 
Normal  school  diplomas,  State  certificates,  teachers'  associations,  and  the  saf< 
keeping  of  public  moneys,  and  a  note  in  reference  to  the  distribution  of  th 
surplus  dog-tax. 

With  copious  side  notes  and  references,  and  appendixes  containing  the  nee 
essary  forms  for  proceedings,  rules  for  libraries,  and  a  digest  of  decisions  of  th< 
Supreme  Court  relating  to  the  proper  execution  of  the  school  laws,  togethe 
with  a  very  full  index,  it  is  hoped  that  this  volume  may  prove  of  service  to  al 
who  have  occasion  to  refer  to  it  for  guidance  or  information. 

VARNUM  B.    COCHRAN, 
Superintendent  of  Public  Instruction. 


CONTENTS. 


PAGE. 
CONSTITUTIONAL  PROVISIONS. 

Article  VHP.— State  officers, ....  5 

Article  XIII.— Education, 

STATUTORY  PROVISIONS. 

Chapter  I. — Superintendent  of  Public  Instruction,     .        .        ,       .        .        . 

Chapter  II. — Formation,  Alteration,  Meetings  and  Powers  of  Districts,    .        .  9 

Chapter  III.— District  Board  and  Officers, 15 

Chapter  IV.— Township  Officers 22 

Chapter  V. — County  Clerk  and  Treasurer, 26 

Chapter  VI.— Bonded  Indebtedness  of  Districts, 27 

Chapter  VII.— Suits  and  Judgments  against  Districts *      .  28 

Chapter  VIII.— Sites  for  School-houses, 29 

Chapter  IX. — Appeals  from  Action  of  Inspectors, 

Chapter  X.— Graded  School  Districts,        ....'....  35 

Chapter  XI.— Libraries, 36 

Chapter  XII. — Examination  of  Teachers  and  Supervision  of  Schools, 

Chapter  XIII.— Penalties  and  Liabilities 43 

Chapter  XIV.— Election  of  School  Inspectors, 45 

Chapter  XV.— Teachers'  Institutes, 46 

Chapter  XVI.— Normal  School  Diplomas  and  Certificates 48 

Chapter  XVII.— State  Certificates  to  Teachers  and  Examination  Questions,  49 

Chapter  XVIII.— Teachers'  Associations 50 

Chapter  XIX.— Safe  Keeping  of  Public  Moneys, 50 

Note.— Apportionment  of  Surplus  Dog-Tax  to  Districts, 51 

APPENDIXES. 

Appendix  A. — Digest  of  Decisions  of  the  Supreme  Court,          .... 

Appendix  B. — Forms  for  Proceedings, 

Appendix  C. — Rules  for  Libraries, 

NOTE.— The  words  inclosed  in  brackets  in  the  following  acts  were  in  the  bills  as  passed  by 
the  Legislature,  but  not  in  the  enrolled  copies  as  approved  by  the  Governor. 


GENEBAL 

SCHOOL  LAWS  OF  MICHIGAI 


CONSTITUTIONAL  PKOVISIONS. 


ARTICLE  VIII. 

STATE  OFFICERS. 

SECTION  1.   There  shall  be  elected  at  each  biennial  election,  a  state  officers  to 
secretary  of  state,  a  superintendent  of  public  instruction,  a  state  be 
treasurer,  commissioner  of  the  land  office,  an  auditor  general,  and 
an  attorney  general,  for  the  term  of  two  years.    They  shall  keep  where  to  keep 
their  offices  at  the  seat  of  government,  and  shall  perform  such 
duties  as  may  be  prescribed  by  law. 

SEC.  2.  Their  term  of  office  shall  commence  on  the  first  day  of  Term  of  office. 
January,  one  thousand  eight  hundred  and  fifty-three,  and  of  every 
second  year  thereafter. 

SEC.  3.  "Whenever  a  vacancy  shall  occur  in  any  of  the  State  offices,  vacancy,  how 
the  governor  shall  fill  the  same  by  appointment,  by  and  with  the  filled' 
advice  and  consent  of  the  senate,  if  in  session. 


ARTICLE  XIII. 

EDUCATION. 

SECTION  1.  The  superintendent  of  public  instruction  shall  have  Duties  of  su 
the  general  supervision  of  public  instruction,  and  his  duties  shall  IteinS 
be  prescribed  by  law. 

SEC.  2.  The  proceeds  from  the  sales  of  all  lands  that  have  been  school  fund, 
or  hereafter  may  be  granted  by  the  United  States  to  the  State  for 
educational  purposes,  and  the  proceeds  of  all  lands  or  other  prop- 


STATUTORY  PROVISIONS. 

Act  No.  164,  Laws  of  1881. 

CHAPTER  I. 


Powera  and 
dutiee  of. 


To  make  annual 
report 


Contents  of. 


Dntlos  of. 


School  laws  to 
be  compiled  and 
published  with 
forme,  etc. 


THE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION". 

(§1.)  SECTION  1.  The  People  of  the  State  of  Michigan  enact, 
That  the  superintendent  of  public  instruction  shall  have  general 
supervision  of  public  instruction  and  of  all  State  institutions,  other 
than  the  university,  that  are  essentially  educational  in  their  charac- 
ter, and  it  shall  be  his  duty,  among  other  things,  to  visit  the  uni- 
versity, the  agricultural  college,  the  institution  for  the  deaf  and 
dumb,  the  school  for  the  blind,  the  reform  school,  the  reform  school 
for  girls,  and  the  public  school  for  dependent  and  neglected  child- 
ren, and  to  meet  with  the  governing  boards  of  each  of  said  institu- 
tions at  least  once  in  each  year.  He  shall  also  prepare  annually, 
and  transmit  to  the  governor,  to  be  by  him  transmitted  to  the 
legislature  at  each  biennial  session  thereof,  a  report  containing : 

First)  A  statement  of  the  condition  of  the  university  and  of 
each  of  the  several  State  educational  institutions,  all  incorporated 
institutions  of  learning,  and  the  primary,  graded,  and  high  schools; 

Second,  Estimates  and  amounts  of  expenditures  of  all  educa- 
tional funds; 

TJiird,  Plans  for  the  management  of  all  educational  funds,  and 
for  the  better  organization  of  the  educational  system,  if,  in  his 
opinion,  the  same  be  required; 

Fourth,  The  annual  reports  and  accompanying  documents,  so 
far  as  he  shall  deem  the  same  of  sufficient  public  interest,  of  all 
State  institutions  of  educational  character; 

Fifth,  Abstracts  of  the  annual  reports  of  the  school  inspectors 
of  the  several  townships  and  cities  of  the  State ; 

Sixth,  All  such  other  matter  relating  to  his  office  and  the  sub- 
ject of  education  generally  as  he  shall  deem  expedient  to  communi- 
cate. 

(§2.)  SEC.  2.  He  may  appoint  a  deputy  superintendent  of  public 
instruction  and  revoke  such  appointment  in  his  discretion,  and  such 
deputy  shall  take  the  constitutional  oath  of  office,  which,  with  his 
appointment,  shall  be  filed  with  the  secretary  of  state.  Said  deputy 
may  execute  the  duties  of  the  office  in  case  of  a  vacancy  or  the 
absence  of  the  superintendent. 

(§3.)  SEC.  3.  The  superintendent  of  public  instruction  shall 
compile  and  cause  to  be  printed  all  general  laws  relating  to  schools, 
together  with  all  necessary  forms,  regulations,  and  instructions  for 
conducting  nil  proceedings  under  said  laws,  or  relative  to  the 
organization  and  government  of  the  schools,  including  rules  and 


GENERAL  SCHOOL  LAWS. 


regulations  for  the  management  of  township  and  district  libraries, 
and  he  shall  transmit  the  same  to  the  several  officers  intrusted  with 
the  care  and  management  of  said  schools. 

(§4.)  SEC.  4.  He  shall  annually,  on  receiving  notice  from  the  audi-  Apportionment 
tor  general  of  the  amounts  thereof,  and  previous  to  the  tenth  day  of 
May,  apportion  the  primary  school  interest  fund  among  the  several 
townships  and  cities  of  the  State,  in  proportion  to  the  number  of 
children  in  each  between  the  ages  of  five  and  twenty  years,  as  the 
same  shall  appear  by  the  reports  of  the  several  boards  of  school  in- 
spectors made  to  him  for  the  year  last  closed,  and  shall  prepare  a 
statement  of  the  amount  in  the  aggregate  payable  to  each  county, 
and  shall  deliver  the  same  to  the  auditor  general,  who  shall  there- 
upon draw  his  warrant  upon  the  State  treasurer  in  favor  of  the 
treasurer  of  each  county,  for  the  amount  payable  to  such  county. 
He  shall  also  send  written  notices  to  the  clerks  of  the  several  Notice  to  county 
counties  of  the  amount  in  the  aggregate  to  be  disbursed  in  their  S'S'cSS™?* 
respective  counties,  and  the  amount  payable  to  the  townships  and 
cities  therein  respectively. 

(§5.)  SEC.  5.  Whenever  the  returns  from  any  county,  township,  proceedings  in 
city,  or  district,  upon  which  a  statement  of  the  amount  to  be  dis- 
bursed  or  paid  to  any  such  county,  township,  city,  or  district  shall 
be  so  far  defective  as  to  render  it  impracticable  to  ascertain  the  share 
of  primary  school  interest  fund  which  ought  to  be  disbursed  or  paid 
to  such  county,  township,  city,  or  district,  he  shall  ascertain  by  the 
best  evidence  in  his  power  the  facts  upon  which  the  ratio  of  such 
apportionment  shall  depend,  and  shall  make  the  apportionment 
accordingly. 

(§6.)  SEC.  6.  Whenever  any  county,  township,  city,  or  district,  when  deficiency 
through  failure  or  error  in  making  the  proper  report,  shall  fail  to 
receive  its  share  of  the  primary  school  interest  fund,  the  superin-  year, 
tendent  of  public  instruction,  upon  satisfactory  proof  that  said 
county,  township,  city,  or  district  was  justly  entitled  to  the  same, 
shall  apportion  such  deficiency  in  his  next  apportionment;  and 
whenever  it  shall  appear  to  the  satisfaction  of  said  superintendent 
that  any  district  has  had  three  months'  school,  but  failed  to  have 
the  full  time  of  school  required  by  law,  through  no  fault  or  negli- 
gence of  the  district  or  its  officers,  he  may  include  such  district 
in  his  apportionment  of  the  primary  school  interest  fund  in  his 
discretion. 

(§7.)  SEC.  7.  The  superintendent  of  public  instruction  shall  per- other  duties  of 
form  such  other  duties  as  are  or  shall  be  required  of  him  by  law, 
and  at  Ihe  expiration  of  his  term  of  office  deliver  to  his  successor 
all  property,  books,  documents,  maps,  records,  reports,  and  all  other 
papers  belonging  to  his  office,  or  which  may  have  been  received  by 
him  for  the  use  of  his  office. 

CHAPTER  II. 

FORMATION,   ALTERATION,  MEETINGS,  AND    POWERS    OF    DISTRICTS. 

(§8.)  SECTION  1.  The  township  board  of  school  inspectors  shall  inspectors  to 
divide  the  township  into  such  number  of  school  districts  as  may  from  form  districts- 


10 


GENERAL  SCHOOL  LAWS. 


May  alter  boun. 


Township  clerk 

SiffitoX'to6 
inhabitant. 


inhabitant  to 


see   138 
Ketmn  of  notice, 


Proceedings  in 


Formation  of 
fractional  dig- 


TO  whom  direct, 
Sc?£aiiSport. 


presumption  of 
«ogn!or 


A., 


time  to  time  be  necessary,  which  districts  they  shall  number,  and 
they  may  regulate  and  alter  the  boundaries  of  the  same  as  circum- 
stances shall  render  proper,  subject  to  the  provisions  hereinafter 
made;  but  no  district  shall  contain  more  than  nine  sections  of  land, 
and  each  district  shall  be  composed  of  contiguous  territory,  and  be 
in  as  compact  a  form  as  may  be. 

(§9.)  SEC.  2.  Whenever  the  board  of  school  inspectors  of  any  town- 
ship  shall  form  a  school  district  therein,  it  shall  be  the  duty  of  the 
c]erk  of  such  board  to  deliver  to  a  taxable  inhabitant  of  such  district 
a  notice  in  writing  of  the  formation  of  such  district,  describing  its 
boundaries,  and  specifying  the  time  and  place  of  the  first  meeting, 
which  notice,  with  the  fact  of  such  delivery,  shall  be  entered  upon 
record  by  the  clerk.  The  said  notice  shall  also  direct  such  inhabi- 
tant  to  notify  every  qualified  voter  of  such  district,  either  person- 
ally or  by  leaving  a  written  notice  at  his  place  of  residence,  of  the 

^me  and  Place  of  sai(^  meeting>  at  leasfc  'five  ^aJs  before  the  time 
appointed  therefor;  and  it  shall  be  the  duty  of  such  inhabitant  to 
notify  the  qualified  voters  of  said  district  accordingly,  and  said 
inhabitant,  when  he  shall  have  notified  the  qualified  voters  as  required 
in  such  notice,  shall  endorse  thereon  a  return,  showing  such  noti- 
fication  with  the  date  or  dates  thereof,  and  deliver  such  notice  and 
return  to  the  chairman  of  the  meeting,  to  be  by  him  delivered  to 
the  director  chosen  at  such  meeting,  and  by  said  director  recorded 
at  length  as  a  part  of  the  records  of  such  district. 

(§10.)  SEC.  3.  In  case  the  inhabitants  of  any  district  shall  fail  to 
organize  the  same  in  pursuance  of  such  notice  as  aforesaid,  the  said 
clerk  shall  give  a  new  notice  in  the  manner  hereinbefore  provided, 
and  the  same  proceedings  shall  be  had  thereon  as  if  no  previous 
notice  had  been  delivered. 

(§H-)  SEC.  4  Whenever  it  shall  be  necessary  or  convenient  to 
form  a  district  from  two  or  more  adjoining  townships,  the  inspectors, 
or  a  majority  of  them,  of  each  of  such  adjoining  townships,  may  form 
such  district,  to  be  designated  as  a  fractional  district,  and  direct 
which  township  clerk  shall  make  and  deliver  the  notice  of  the 
formation  of  the  same  to  a  taxable  inhabitant  thereof,  and  may  reg- 
ulate and  alter  such  district  as  circumstances  may  render  necessary 
in  the  same  manner  that  other  districts  are  altered.  The  annual 
reP°rts  of  the  director  of  such  district  shall  be  made  to  the  inspect- 
ors of  the  township  in  which  the  school-house  may  be  situated,  and 
the  inspectors  of  such  township  shall  number  said  district. 

(§13*)  SEC.  5.  Every  such  school  district  shall  be  deemed  duly 
organized  when  any  two  of  the  officers  elected  at  the  first  meeting 
shall  have  filed  their  acceptances  in  writing  with  the  director,  and 
the  same  shall  have  been  recorded  in  the  minutes  of  such  first  meet- 
ing.  Every  school  district  shall,  in  all  cases,  be  presumed  to  have 
been  legally  organized  when  it  shall  have  exercised  the  franchises 
and  privileges  of  a  district  for  the  term  of  two  years  ;  and  such 
school  district  and  its  officers  shall  be  entitled  to  all  the  rights, 
privileges,  and  immunities,  and  be  subject  to  all  the  duties  and 
liabilities  conferred  upon  school  districts  by  law. 

(§13.)  SEC.  6.  The  record  of  the  first  meeting  made  by  the  director 


GENERAL  SCHOOL  LA.WS. 


shall  be  prima  facie  evidence  of  the  facts  therein  set  forth,  and  of  Director's  record 
the  legality  of  all  proceedings  in  the  organization  of  the  district  £  b?evTdeenclg 
prior  to  the  first  district  meeting;  but  nothing  in  this  section  con- 
tained shall  be  so  construed  as  to  impair  the  effect  of  the  record 
kept  by  the  school  inspectors,  as  evidence. 

COEPOBATE  POWERS   OF  DISTRICTS. 

(§14.)  SEC.  7.  Every  school  district  organized  in  pursuance  of  this  school  districts 
chapter,  or  which  has  been  organized  and  continued  under  any  pre- 
vious  law  of  the  State  or  territory  of  Michigan,  shall  be  a  body  cor- 
porate, and  shall  possess  the  usual  powers  of  a  corporation  for  pub- 
.lic  purposes,  by  the  name  and  style  of  "School  District  Number  Name  and  style. 

(such  number  as  shall  be  designated  in  the  formation  thereof 

by  the  inspectors),  of "  (the  name  of  the  township  or  townships 

in  which  the  district  is  situated),  and  in  that  name  shall  be  capable  Powers  of. 
of  suing  and  being  sued,  of  contracting  and  being  contracted  with, 
and  of  holding  such  real  and  personal  estate  as  is  authorized  to  be 
purchased  by  the  provisions  of  law,  and  of  selling  the  same. 

ALTERATION   OF  DISTRICTS. 

(§15.)  SEC.  8.  Whenever  the  board  of  school  inspectors  shall  contem-  Meetings  of 
plate  an  alteration  of  the  boundaries  of  a  district,  the  township  clerk  SdMricte. 
(andfor  meetings  of  boards  to  act  in  relation  to  fractional  districts, 
the  clerks  of  the  several  townships  interested)  shall  give  at  least  ten  Notices  of. 
days'  notice  of  the  time  and  place  of  the  meeting  of  the  inspectors,  seeApp.  B., 
and  the  alteration  proposed,  by  posting  such  notice  in  three  public  form  16-' 
places  in  the  township  or  townships,  one  of  which  notices  shall  be  see  App.  A.,  TT  i. 
in  each  of  the  districts  that  may  be  affected  by  such  alteration. 

(§16.)  SEC.  9.  The  inspectors  may,  in  their  discretion,  detach  the  Powers  of 
property  of  any  person  or  persons  from  one  district  and  attach  it  to  SwdStriSa. 
another;  except  that  no  land  which  has  been  taxed  for  building  a 
school-house  shall  be  set  off  into  another  school  district  for  the  see  App.  A., 
period  of  three  years  thereafter,  except  by  the  consent  of  the  owner  inr  2' 3' 47' 
thereof;  and  no  district  shall  be  divided  into  two  or  more  districts  whenconsentof 
without  the  consent  of  a  majority  of  the  resident  tax-payers  of  said  0btaFne7de.rstobe 
district,  and  no  two  or  more  districts  be  consolidated  without  the  See§110 
consent  of  a  majority  of  the  resident  tax-payers  of  each  district. 

(§17.)  SEC.  10.  The  inspectors  may  attach  to  a  school  district  any  persons  out  of 
person  residing  in  a  township,  and  not  in  any  organized  district,  at  aJSeTtSeX 
his  request;   and  for  all  district  purposes  except  raising  a  tax  for  in  certain  cases. 
building  a  school-house,  such  person  shall  be  considered  as  residing 
in  such  district;  but  when  set  off  to  a  new  district,  no  sum  shall  be 
raised  for  such  person  as  his  proportion  to  the  district  property. 

(§18.)  SEC.  11.  In  all  cases  where  an  alteration  of  the  boundaries  of  Township  clerk 
a  school  district  shall  be  made,  the  township  clerk  shall,  within  ten  StfStton  ?^of 
days,  deliver  to  the  director  of  each  district  affected  by  the  altera-  districts, 
tion  a  notice  in  writing,  setting  forth  the  action  of  the  inspectors 
and  defining  the  alterations  that  have  been  made.  foTnf!?' R' 

DIVISION  OF  PROPERTY. 

(§19.)  SEC.  12.  When  a  new  district  is  formed,  in  whole  or  in  part, 
from  one  or  more  districts  possessed  of  a  school-house,  or  entitled  to  {° 


12  GENERAL  SCHOOL  LAWS. 

see  App.  A.,       other  property,  the  inspectors,  at  the  time  of  forming  such  new  district, 
M*      or  as  soon  thereafter  as  may  be,  shall  ascertain  and  determine  the 
^       amount  justly  due  to  such  new  district  from  any  district  out  of  which 
it  may  have  been  in  whole  or  in  part  formed,  as  the  proportion  of  such 
new  district,  of  the  value  of  the  school-house  and  other  property 
belonging  to  the  former  district,  at  the  time  of  such  division ;  and 
when  school-     whenever  by  the  division  of  any  district,  the  school-house  or  site 
not8ne^ed,emay  thereof  shall  no  longer  be  conveniently  located  for  school  purposes, 
be  sold.  and  gnan  not  be  desired  for  use  by  the  new  district  in  which  it  may 

be  situated,  the  school  inspectors  of  the  township  in  which  such 
school-house  and  site  shall  be  located,  may  advertise  and  sell  the 
Proceeds  of  sale    same,  and  apportion  the  proceeds  of  such  sale,  and  also  any  moneys 
tioned?ppor'       belonging  to  the  district  thus  divided,  among  the  several  districts 

erected  in  whole  or  in  part  from  the  divided  district. 
HOW  proportion       (820.)  SEC.  13.  Such  proportion  shall  be  ascertained  and  determined 

to  be  ascertained.        v&        '  ,       r »  A  o  ^ 

according  to  the  value  of  the  taxable  property  of  the  respective  parts 
of  such  former  district  at  the  time  of  the  division,  by  the  best  evi- 
dence in  the  power  of  the  inspectors ;  and  such  amount  of  any  debt 
due  from  the  former  district,  which  would  have  been  a  charge  upon 
the  new,  had  it  remained  in  the  former  district,  shall  be  deducted 
proTiso.  from  such  proportion :  Provided,  That  no  real  estate  thus  set  off, 

and  which  shall  not  have  been  taxed  for  the  purchase  or  building 
of  such  school-house,  shall  be  entitled  to  any  portion  thereof,  nor 
be  taken  into  account  in  such  division  of  district  property. 

DISTKICT  MEETINGS. 

Annual  mating.  (§21.)  SEC.  14.  The  annual  meeting  of  each  school  district  shall  be 
held  on  the  first  Monday  of  September  in  each  year,  and  the  school 
year  shall  commence  on  that  day:  Provided,  That  any  school  district 
organized  under  the  law  for  graded  or  high  schools,  or  any 
school  district  organized  by  a  special  act  of  the  legislature  that  shall 
so  determine  at  an  annual  meeting,  or  at  a  special  meeting  duly 
called  for  that  purpose,  may  hold  its  annual  meeting  on  the  second 
Monday  of  July  in  each  year,  or  in  the  same  manner  may  thereafter 
change  the  time  of  its  annual  meeting  to  the  first  Monday  in  Sep- 
tember in  each  year,  and  the  trustees  and  officers  of  the  district 
shall  date  their  terms  of  office  from  the  date  so  chosen  and  until 
their  successors  are  elected  and  qualified :  Provided  further,  That 
such  action  in  either  case  shall  not  change  the  time  of  the  com- 
mencement of  the  school  year  or  the  taking  of  the  annual  school 
census. 

special  meetings.      (§22.)  SEC.  15.  Special  meetings  may  be  called  by  the  district 

board;  and  it  shall  be  the  duty  of  said  board,  or  any  one  of  them,  to 

fo™Ap.P'  B"       cal1  sucn  meetings  on  the  written  request  of  not  less  than  five  legal 

voters  of  the  district,  by  giving  the  notice  required  in  the  next  suc- 

blhcaneiaynot    cee(*ing  section  ;  but  no  special  meeting  shall  be  called  unless  the 

Business  of  to  be  business  to  be  transacted  may  lawfully  come  before  such  meeting, 

•    and  no  business  shall  be  transacted  at  a  special  meeting  unless  the 

same  be  stated  in  the  notice  of  said  meeting. 

Notices  of  meet-  (§33.)  SEC.  16.  All  notices  of  annual  or  special  district  meetings, 
See  App.  B.,  after  tne  firsfc  meeting  has  been  held  as  aforesaid,  shall  specify  the 
forms  7, 9.  day  and  hour  and  place  of  meeting,  and  shall  be  given  at  least  six  days 


GENERAL   SCHOOL  LAWS.  *  13 

previous  to  such  meeting,  by  posting  up  copies  thereof  in  three  of 
the  most  public  places  in  the  district,  one  copy  of  which  for  each 
meeting  shall  be  posted  at  the  outer  door  of  the  district  school- 
house,  if  there  be  one ;  and  in  case  of  any  special  meeting  called 
for  the  purpose  of  establishing  or  changing  the  site  of  a  school- 
house,  such  notice  shall  be  given  at  least  ten  days  previous  thereto : 
Provided,  That  when  any  of  the  district  board  shall  receive  a  re-  Duty^of  district 
quest  to  call  a  special  meeting,  as  provided  in  the  preceding  sec-  n?«ce.to ' 
tion,  he  shall  forthwith  give  notice,  as  above  provided,  of  said 
meeting,  which  shall  be  called  in  not  less  than  six  nor  more  than 
twelve  days  from  the  time  the  said  officer  shall  receive  the  notice 
aforesaid.    No  annual  meeting  shall  be  deemed  illegal  for  want  of  when  annual 
due  notice,  unless  it  shall  appear  that  the  omission  to  give  such  mtgaffo 
notice  was  willful  and  fraudulent. 

(§24.)  SEC.  17.  Every  person  of  the  age  of  twenty-one  years,  who 
has  property  liable  to  assessment  for  school  taxes  in  any  school  dis-  rlameet 
trict,  and  who  has  resided  therein  three  months  next  preceding  any  Ins8- 
.school  meeting  held  in  said  district,  or  who  has  resided  three 
months  next  preceding  such  meeting  on  any  territory  belonging  to 
such  district  at  the  time  of  holding  said  meeting,  shall  be  a  quali- 
fied voter  in  said  meeting  upon  all  questions,  and  all  other  persons 
who  are  twenty-one  years  of  age,  and  are  the  parents  or  legal 
guardians  of  any  children  included  in  the  school  census  of  the  dis- 
trict, and  who  have,  for  three  months  as  aforesaid,  been  residents 
in  said  district  or  upon  any  territory  belonging  thereto  at  the  time 
of  holding  any  school  meeting,  shall  be  entitled  to  vote  on  all  ques- 
tions arising  in  said  district  which  do  not  directly  involve  the  rais- 
ing of  money  by  tax. 

(§25.)  SEC.  18.  If  any  person  offering  to  vote  at  a  school  district  challenging 
meeting  shall  be  challenged  as  unqualified  by  any  legal  voter  in  such  votere< 
district,  the  chairman  presiding  at  such  meeting  shall  declare  to 
the  person  challenged  the  qualifications  of  a  voter ;   and  if  such 
person  shall  state  that  he  is  qualified,  and  the  challenge  shall  not 
be  withdrawn,  the  said  chairman  shall  tender  to  him  an  oath,  in 
substance  as  follows:    "You  do  swear  (or  affirm)  that  you  areoathstobe 
twenty-one  years  of  age,  that  you  have  been  for  the  last  three  {ente^ter 
months  an  actual  resident  of  this  school  district,  or  residing  upon 
territory  now  attached  to  this  school  district,  and  that  you  are  lia- 
ble to  pay  a  school  district  tax  therein ;"  and  every  person  taking 
.such  oath  shall  be  permitted  to  vote  on  all  questions  proposed  at 
such  meeting.    Or  he  may  take  the  following  oath,  to- wit:    "You 
do  swear  (or  affirm)  that  you  have  been  for  the  past  three  months 
an  actual  resident  of  this  school  district,  or  residing  upon  territory 
now  attached  to  this  school  district,  and  that  you  are  the  parent  or 
legal  guardian  of  one  or  more  children  now  included  in  the  school 
census  of  this  district;"  and  he  may  vote  upon  all  questions  which 
do  not  directly  involve  the  raising  of  money  by  tax.    If  any  person  False  oath 
so  challenged  shall  refuse  to  take  such  oath,  his  vote  shall  be  re- 
jected ;    and  any  person  who  shall  willfully  take  a  false  oath,  or 
make  a  false  affirmation,  under  the  provisions  of  this  section,  shall 
be  deemed  guilty  of  perjury.    When  any  question  is  taken  in  any 
other  manner  than  by  ballot,  a  challenge  immediately  after  the 


14 


GENERAL  SCHOOL  LAWS. 


taken  into  cus. 


Penalty  for  dia. 
turbing  meeting. 


vote  has  been  taken  shall  be  deemed  to  be  made  when  offering  to 
vote,  and  treated  in  the  same  manner. 

Disorderly  per.  (§26.)  SEC.  19.  If  at  any  district  meeting  any  person  shall  conduct 
himself  in  a  disorderly  manner,  and,  after  notice  from  the  moderator 
or  person  presiding,  shall  persist  therein,  the  moderator  or  person 
presiding  may  order  him  to  withdraw  from  the  meeting,  and  on  his 
refusal,  may  order  any  constable,  or  other  person  or  persons,  to  take 
him  into  custody  until  the  meeting  shall  be  adjourned  ;  and  any 
person  wno  ghall  refuse  to  withdraw  from  such  meeting  on  being  so 
ordered  as  herein  provided,  and  also  any  person  who  shall  willfully 
disturb  such  meeting  by  rude  and  indecent  behavior,  or  by  profane 
or  indecent  discourse,  or  in  any  other  way  make  such  disturbance, 
shall,  on  conviction  thereof,  be  punished  by  a  fine  not  less  than  two 
nor  more  than  fifty  dollars,  or  by  imprisonment  in  the  county  jail 
n0^  exceeding  thirty  days;  and  any  justice  of  the  peace,  recorder, 
or  police  justice  of  the  township,  ward,*or  city  where  such  offense 
shall  be  committed,  shall  have  jurisdiction  to  try  and  determine  the 
same. 

(§27.)  SEC.  20.  The  qualified  voters  in  any  school  district  when 
iawfu]]y  assembled  at  the  first  and  at  each  annual  meeting,  or  at  an 
adjournment  thereof,  or  at  any  special  meeting  lawfully  called,  except 
as  hereinafter  provided,  shall  have  power: 

First,  At  the  first  meeting  and  at  any  meeting  after  the  organi- 
zation  Of  the  district,  in  the  absence  of  the  moderator,  to  appoint  a 
chairman  for  the  time  being,  and  in  the  absence  of  the  director  to 
appoint  some  person  to  act  in  his  stead,  who  shall  keep  a  minute  of 
the  proceedings  of  such  meeting  and  certify  the  same  to  the  director, 
to  be  by  him  entered  in  the  records  of  the  district  ; 

Second,  To  adjourn  from  time  to  time  as  occasion  may  require  ; 

Third,  To  elect  district  officers  as  hereinafter  provided  : 

7-,         ,,      m      -,      .  ,  , 

Fourth,  lo  designate,  as  hereinafter  provided,  a  site  or  such  num- 
Der  °f  sites  as  may  be  desired  for  school-houses,  and  to  change  the 
game  when  necessary  ; 

Fifth,  To  direct  the  purchasing  or  leasing  of  a  site  or  sites,  law- 
fully  determined  upon  ;  the  building,  hiring,  or  purchasing  of  a 
gchool-house  or  houses,  or  the  enlarging  of  a  site  or  sites  previously 
established  ; 

Sixth,  To  vote  such  tax  as  the  meeting  shall  deem  sufficient,  to 
purchase  or  lease  a  site  or  sites,  or  to  build,  hire  or  purchase  a  school- 
house  or  houses;  but  the  amount  of  taxes  to  be  raised  in  any  dis- 
trict for  the  purpose  of  purchasing  or  building  a  school-house  or 
houses  in  the  same  year  that  any  bonded  indebtedness  is  incurred, 
shall  not  exceed  in  districts  containing  less  than  ten  children 
between  the  ages  of  five  and  twenty  years,  two  hundred  and  fifty 
dollars  ;  in  districts  having  between  ten  and  thirty  children  of  like 
age,  it  shall  not  exceed  five  hundred  dollars  :  and  in  districts  having 
between  thirty  and  fifty  children  of  like  age,  it  shall  not  exceed  one 
thousand  dollars.  No  legal  subdivisions  [subdivision]  of  land  shall 
be  taxed  for  building  a  school-house  unless  some  portion  thereof  shall 
be  within  two  and  one-half  miles  of  said  school-house  site; 


who  shall  have 
jurisdiction  in 


Powers  of  voters 
at  district  meet- 


TO  appoint  tem- 
porary  officers. 


May  adjourn. 
Jo  elect  officer* 

See  §§  28,  107. 

TO  designate 


see  §  89. 


when  land  not 
taxable. 


GENERAL  SCHOOL  LAWS.  15 

Seventh)  To  impose  such  tax  as  shall  be  necessary  to  keep  their  TO  vote  tax  for 
school-house  or  houses  in  repair,  and  to  provide  the  necessary  ap-  certain  PurP°8es- 
pendages  and  school  apparatus,  and  in  districts  having  district  See  App  A 
libraries,  for  the  support  of  the  same,  and  to  pay  and  discharge  any  inr  46-50. 
debts  or  liabilities  of  the  district  lawfully  incurred,  and  also  to  pay 
for  the  services  of  any  district  officer.    The  tax  herein  authorized 
to  be  voted  shall  not  exceed  one-half  the  amount  which  the  district  Limit  of  tax. 
is  authorized  to  raise  for  building  school-houses; 

Eighth,  To  authorize  and  direct  the  sale  of  any  school-house,  site,  TO  direct  sale  of 
building  or  other  property  belonging  to  the  district,  when  the  same  certain  Pr°Perty- 
shall  no  longer  be  needed  for  the  use  of  the  district; 

Ninth,  To  give  such  directions  and  make  such  provisions  as  they  Direct  in  regard 
shall  deem  necessary  in  relation  to  the  prosecution  or  defense  of to 
any  suit  or  proceeding  in  which  the  district  may  be  a  party,  or 
interested ; 

Tenth,  To  appoint,  as  in  their  discretion  it  may  be  necessary,  a  May  appoint 
building  committee  to  perform  such  duties  in  supervising  the  work  JS^* com" 
of  building  a  school-house  as  they  by  vote  may  direct; 

Eleventh,  At  the  first  and  the  annual  meetings  only,  to  determine  At  annual  meet- 
the  length  of  time  a  school  shall  be  taught  in  their  district  during 
the  ensuing  year,  which  shall  not  be  less  than  nine  months  in  dis- 
tricts having  eight  hundred  children  over  five  and  under  twenty 
years  of  age,  and  not  less  than  five  months  in  districts  having  from 
thirty  to  eight  hundred  children  of  like^ages,  nor  less  than  three 
months  in  all  other  districts,  on  pain  of  forfeiture  of  their  share  of  Forfeiture  of 
the  one-mill  tax  and  primary  school  interest  fund;  but  in  case  such  pt 
matters  shall  not  be  determined  at  the  first  or  annual  meetings,  the 
district  board  shall  determine  the  same ;  and  in  case  the  district  ^d  todeter 
fails  to  vote  for  at  least  the  minimum  length  required  herein,  the  mine  length  of 
district  board  shall  make  provisions  for  said  minimum  length  of 8C 
school ; 

Twelfth,   To  appropriate  any  surplus  moneys  arising  from  the  May  appropriate 
one-mill  tax,  after  having  maintained  a  school  in  the  district  at  S SSS  puSx 
least  eight  months  in  the  school  year,  for  the  purpose  of  purchasing  P°ses- 
and  enlarging  school  sites,  or  for  building  or  repairing  school-houses, 
or  for  purchasing  books  for  library,  globes,  maps,  and  other  school 
apparatus,  or  for  any  incidental  expenses  of  the  school. 

CHAPTER  III. 

DISTRICT  BOARD  AND  OFFICERS. 

(§28.)  SECTION  1.  At  the  first  meeting  in  each  school  district  there  Election  of  dis- 
shall  be  elected  by  ballot  a  moderator  for  the  term  of  three  years,  a trict  officers- 
director  for  two  years,  and  an  assessor  for  one  year ;  and  on  the 
expiration  of  thei/respective  terms  of  office,  and  regularly  thereafter 
at  the  annual  meetings,  their  several  successors  shall  be  elected  in 
like  manner  for  a  t.erm  of  three  years  each.    The  time  intervening 
between  the  first  meeting  in  any  school  district  and  the  first  annual  Term  of  office, 
meeting  thereafter  shall  be  reckoned  as  one  year. 

(§29.)  SEC.  2.  A  school  district  office  shall  become  vacant  upon  ^J^SSfbe. 
the  occurrence  of  any  of  the  following  events :  come  vacant. 


16  GENERAL  SCHOOL  LAWS. 

first,  The  death  of  the  incumbent; 
Second,  His  resignation  ; 
Third,  His  removal  from  office ; 
Fourth,  His  removal  from  the  district; 
Fifth,  His  conviction  of  any  infamous  crime; 
Sixth,  His  election  or  appointment  being  declared  void  by  a  com- 
petent tribunal ; 

Seventh,  His  neglect  to  file  his  acceptance  of  office,  or  to  give  or 
renew  any  official  bond,  according  to  law. 

vacancies  in          (§30. )  SEC.  3.  In  case  any  one  of  the  district  offices  becomes  vacant, 
offices,  ho          the  twQ  remajning  officers  shall  immediately  fill  such  vacancy;  or  m 
case  two  of  the  offices  become  vacant,  the  remaining  officer  shall  im- 
see^App.  B.,      mediately  call  a  special  meeting  of  the  district  to  fill  such  vacancies ; 
in  case  any  vacancy  is  not  filled  as  herein  provided  within  twenty 
days  after  it  shall  have  occurred,  or  in  case  all  the  offices  in  a  dis- 
trict shall  become  vacant,  the  board  of  school  inspectors  of  the 
township  to  which  the  annual  reports  of  such  district  are  made 
Term  of  office  of  shall  fill  such  vacancies.    Any  person  elected  or  appointed  to  fill  a 
appointed  officer.  vacancv  jn  a  district  office  shall  hold  such  office  until  the  next  suc- 
ceeding annnal  meeting,  at  which  time  the  voters  of  the  district 
shall  fill  such  office  for  the  unexpired  portion  of  the  term. 
Who  are  eligible      ( §31.)  SEC.  4.  Any  qualified  voter  in  a  school  district  who  has  prop- 
Bce<      erty  liable  to  assessment  for  school  taxes  shall  be  eligible  to  election 
or  appointment  to  office  in  such  school  district,  unless  such  person 
be  an  alien. 

Acceptance  of         (§32.)  SEC.  5.  Within  ten  days  after  their  election  or  appointment, 
d'  the  several  officers  of  each  school  district  shall  file  with  the  director 
See  APP.  B.,     written  acceptances  of  the  offices  to  which  they  have  been  respect- 
form  5.  jvely  elected  or  appointed,  and  such  acceptances  shall  be  entered  in 

the  records  of  the  district  by  said  director. 

District  board,  (§33.)  SEC.  6.  The  moderator,  director,  and  assessor  shall  consti- 
tute  the  district  board.  Meetings  of  the  board  may  be  called  by  any 
member  thereof  by  serving  on  the  other  members  a  written  notice  of 
the  time  and  place  of  such  meeting  at  least  twenty-four  hours  before 
Necessity  of  such  meeting  is  to  take  place ;  and  no  act  authorized  to  be  done  by 
w«onnbyb<Sd?  the  district  board  shall 'be  valid  unless  voted  at  a  meeting  of  the 
Quorum  of  board.  A  majority  of  the  members  of  the  board  at  a  meeting  there- 
of shall  be  necessary  for  the  transaction  of  business. 

Board  to  pur-         (§34.)  SEC.  7.  The  said  district  board  shall  purchase  a  record  book 

books'etc?        and  such  other  books,  blanks,  and  stationery  as  may  be  necessary  to 

keep  a  record  of  the  proceedings  of  the  district  meetings  and  of 

?ie52App*  AM      meetings  of  the  board,  the  accounts  of  the  assessor,  and  for  doing 

the  business  of  the  district  in  an  orderly  manner. 

Board  to  pur.  (§35.)  SEC.  8.  The  district  board  shall  purchase  or  lease,  in  the  cor- 
porate  name  of  the  district,  such  sites  for  school-houses  as  shall  have 
been  lawfully  designated,  and  shall  build,  hire,  or  purchase  such 
p.  A.,  school-houses  as  may  be  necessary  out  ofHhe  fund  provided  for  that 
purpose,  and  make  sale  of  any  site  or  other  property  of  the  district 
when  lawfulty  directed  by  the  qualified  voters;  but  no  district  in 
before  bundig  any  case  shall  build  a  stone  or  brick  school-house  upon  any  site 
without  having  first  obtained  a  title  in  fee  to  the  same,  or  a  lease 


GENERAL  SCHOOL  LAWS.  17 

for  ninety-nine  years ;  nor  shall  any  district  build  a  frame  school- 
house  on  any  site  for  which  they  have  not  a  title  in  fee  or  a  lease  see  APP.  B., 
for  fifty  years,  without  securing  the  privilege  of  removing  the  said  forms  28» 24>  25> 
school-house  when  lawfully  directed  so  to  do  by  the  qualified  voters 
of  the  district  at  any  annual  or  special  meeting  when  lawfully 
convened. 

(§36.)  SEC.  9.  It  shall  be  the  duty  of  the  district  board  to  estimate  Board  to  estimate 
the  amount  necessary  to  be  raised,  in  addition  to  other  school  funds,  S^hoo8i».pport 
for  the  entire  support  of  such  schools,  including  teachers'  wages, 
fuel,  and  other  incidental  expenses,  and  for  deficiencies  of  the  pre- 
vious year  for  such  purposes.    But  in  districts  having  less  than  Limit  of  tax  in 
thirty  scholars,  such  estimate,  including  the  district's  share  of  the  certaiQcases- 
primary  school  interest  fund  and  one-mill  tax,  shall  not  exceed  the 
sum  of  fifty  dollars  a  month  for  the  period  during  which  school  is 
held  in  such  district;   and  when  such  amount  has  been  estimated 
and  voted  by  the  district  board,  it  shall  be  reported  for  assessment 
and  collection,  the  same  as  other  district  taxes.     When  a  tax  has  when  board  may 
been  estimated  and  voted  by  the  district  board  under  the  provisions  borrowmoney- 
of  this  section,  and  is  needed  before  it  can  be  collected,  the  district 
board  may  borrow  to  an  amount  not  exceeding  the  amount  of  said 
tax. 

(§37.)  SEC.  10.  The  district  board  shall,  between  the  first  and  third  Board  to  report 
Mondays  in  September  in  each  year,  make  out  and  deliver  to  the  townshi^ci^rk! 
township  clerk  of  each  township  in  which  any  part  of  the  district  is 
situated,  a  report  in  writing  under  their  hands  of  all  taxes  voted  by  J^App,  B., 
the  district  during  the  preceding  year,  and  of  all  taxes  which  said 
board  is  authorized  to  impose,  to  be  levied  on  the  taxable  property 
of  the  district. 

(§38.)  SEC.  11.  The  district  board  shall  apply  and  pay  over  ftM 
school  moneys  belonging  to  the  district,  in  accordance  with  the  pro- 
visions  of  law  regulating  the  same,  and  no  money  raised  by  district 
tax  shall  be  used  for  any  other  purpose  than  that  for  which  it  was 
raised,  without  a  consenting  vote  of  two-thirds  of  the  tax-paying 
voters  of  the  district;  and  no  moneys  received  from  the  primary 
school  interest  fund,  nor  from  the  one-mill  tax  except  as  provided 
by  law  shall  be  appropriated  to  any  other  use  than  the  payment  of 
teachers'  wages,  and  no  part  thereof  shall  be  paid  to  any  teacher 
who  shall  not  have  received  a  certificate  of  qualification  from  proper 
legal  authority  before  the  commencement  of  his  school.  No  school 
district  shall  apply  any  of  the  moneys  received  by  it  from  the  pri- 
mary  school  interest  fund,  or  from  any  and  all  other  sources,  for  HO  moneys. 
the  support  and  maintenance  of  any  school  of  a  sectarian  character, 
whether  the  same  be  under  the  control  of  any  religious  society,  or 
made  sectarian  by  the  school  district  board. 

(§39.)  SEC.  12."  Said  board  shall  present  to  the  district,  at  each 
annual  meeting,  a  report  in  writing,  containing  an  accurate  state- 
ment  of  all  moneys  of  the  district  received  by  them,  or  any  of  them, 
during  the  preceding  year,  and  of  the  disbursements  made  by  them, 
shall  the  items  of  such  receipts  and  disbursements.  Such  report 
with  also  contain  a  statement  of  all  taxes  assessed  upon  the  taxable  contents  of. 
property  of  the  district  during  the  preceding  year,  the  purposes  for 


16 


GENERAL  SCHOOL  LAWS. 


First,  The  death  of  the  incumbent; 

Second,  His  resignation  ; 

Third,  His  removal  from  office ; 

Fourth,  His  removal  from  the  district; 

Fifth,  His  conviction  of  any  infamous  crime; 

Sixth,  His  election  or  appointment  being  declared  void  by  a  com- 
petent tribunal ; 

Seventh,  His  neglect  to  file  his  acceptance  of  office,  or  to  give  or 
renew  any  official  bond,  according  to  law. 

(§30. )  SEC.  3.  In  case  any  one  of  the  district  offices  becomes  vacant, 
the  two  remaining  officers  shall  immediately  fill  such  vacancy;  or  m 
case  two  of  the  offices  become  vacant,  the  remaining  officer  shall  im- 
mediately call  a  special  meeting  of  the  district  to  fill  such  vacancies; 
in  case  any  vacancy  is  not  filled  as  herein  provided  within  twenty 
days  after  it  shall  have  occurred,  or  in  case  all  the  offices  in  a  dis- 
trict shall  become  vacant,  the  board  of  school  inspectors  of  the 
township  to  which  the  annual  reports  of  such  district  are  made 
shall  fill  such  vacancies.  Any  person  elected  or  appointed  to  fill  a 
vacancy  in  a  district  office  shall  hold  such  office  until  the  next  suc- 
ceeding annaal  meeting,  at  which  time  the  voters  of  the  district 
shall  fill  such  office  for  the  unexpired  portion  of  the  term. 

(§31.)  SEC.  4.  Any  qualified  voter  in  a  school  district  who  has  prop- 
erty liable  to  assessment  for  school  taxes  shall  be  eligible  to  election 
or  appointment  to  office  in  such  school  district,  unless  such  person 
be  an  alien. 

(§32.)  SEC.  5.  Within  ten  days  after  their  election  or  appointment, 
the  several  officers  of  each  school  district  shall  file  with,  the  director 
written  acceptances  of  the  offices  to  which  they  have  been  respect- 
ively elected  or  appointed,  and  such  acceptances  shall  be  entered  in 
the  records  of  the  district  by  said  director. 

(§33.)  SEC.  6.  The  moderator,  director,  and  assessor  shall  consti- 
tute the  district  board.  Meetings  of  the  board  may  be  called  by  any 
member  thereof  by  serving  on  the  other  members  a  written  notice  of 
the  time  and  place  of  such  meeting  at  least  twenty-four  hours  before 
such  meeting  is  to  take  place ;  and  no  act  authorized  to  be  done  by 
the  district  board  shall 'be  valid  unless  voted  at  a  meeting  of  the 
board.  A  majority  of  the  members  of  the  board  at  a  meeting  there- 
of shall  be  necessary  for  the  transaction  of  business. 

(§34.)  SEC.  7.  The  said  district  board  shall  purchase  a  record  book 
and  such  other  books,  blanks,  and  stationery  as  may  be  necessary  to 
keep  a  record  of  the  proceedings  of  the  district  meetings  and  of 
meetings  of  the  board,  the  accounts  of  the  assessor,  and  for  doing 
the  business  of  the  district  in  an  orderly  manner. 

(§35.)  SEC.  8.  The  district  board  shall  purchase  or  lease,  in  the  cor- 
porate name  of  the  district,  such  sites  for  school-houses  as  shall  have 
been  lawfully  designated,  and  shall  build,  hire,  or  purchase  such 
school-houses  as  may  be  necessary  out  of'the  fund  provided  for  that 
purpose,  and  make  sale  of  any  site  or  other  property  of  the  district 
when  lawfully  directed  by  the  qualified  voters;  but  no  district  in 
any  case  shall  build  a  stone  or  brick  school-house  upon  any  site 
without  having  first  obtained  a  title  in  fee  to  the  same,  or  a  lease 


Vacancies  in 
offices,  how 
filled. 


See  App.  B., 
forms  U,  15. 


Term  of  office  of 
appointed  officer. 


Who  are  eligible 
to  hold  office. 


Acceptance  of 
offices  to  be  filed. 


See  App.  B., 
form  5. 


District  board, 
•when  meetings 
of  may  be  called. 


Necessity  of 
meeting  to  valid 
action  by  board. 

Quorum  of 
board. 

Board  to  pur- 
chase  record 
books,  etc. 


See  App.  A., 

IF  52. 


Board  to  pur- 
chase,  etc.,  site, 
and  build,  etc., 
school- house. 

See  App.  A., 

irirei-7L 

Necessity  of  title 
or  lease  to  site 
before  building 
school-house. 


GENERAL  SCHOOL  LAWS.  17 

for  ninety-nine  years ;  nor  shall  any  district  build  a  frame  school- 
house  on  any  site  for  which  they  have  not  a  title  in  fee  or  a  lease  see  APP.  a, 
for  fifty  years,  without  securing  the  privilege  of  removing  the  said  forms ^ 24> ^ 
school-house  when  lawfully  directed  so  to  do  by  the  qualified  voters 
of  the  district  at  any  annual  or  special  meeting  when  lawfully 
convened. 

(§36.)  SEC.  9.  It  shall  be  the  duty  of  the  district  board  to  estimate  Board  to  estimate 
the  amount  necessary  to  be  raised,  in  addition  to  other  school  funds,  SBchoo8i».Pport 
for  the  entire  support  of  such  schools,  including  teachers'  wages, 
fuel,  and  other  incidental  expenses,  and  for  deficiencies  of  the  pre- 
vious year  for  such  purposes.    But  in  districts  having  less  than  Limit  of  tax  in 
thirty  scholars,  such  estimate,  including  the  district's  share  of  the  certain  <****• 
primary  school  interest  fund  and  one-mill  tax,  shall  not  exceed  the 
sum  of  fifty  dollars  a  month  for  the  period  during  which  school  is 
held  in  such  district;   and  when  such  amount  has  been  estimated 
and  voted  by  the  district  board,  it  shall  be  reported  for  assessment 
and  collection,  the  same  as  other  district  taxes.     When  a  tax  has  when  board  may 
been  estimated  and  voted  by  the  district  board  under  the  provisions  borrowmoney- 
of  this  section,  and  is  needed  before  it  can  be  collected,  the  district 
board  may  borrow  to  an  amount  not  exceeding  the  amount  of  said 
tax. 

(§37.)  SEC.  10.  The  district  board  shall,  between  the  first  and  third  Board  to  report 
Mondays  in  September  in  each  year,  make  out  and  deliver  to  the 
township  clerk  of  each  township  in  which  any  part  of  the  district  is 
situated,  a  report  in  writing  under  their  hands  of  all  taxes  voted  by 
the  district  during  the  preceding  year,  and  of  all  taxes  which  said 
board  is  authorized  to  impose,  to  be  levied  on  the  taxable  property 
of  the  district. 

(§38.)  SEC.  11.  The  district  board  shall  apply  and  pay  over  all  Board  to  apply 
school  moneys  belonging  to  the  district,  in  accordance  with  the  pro- 
visions  of  law  regulating  the  same,  and  no  money  raised  by  district 
tax  shall  be  used  for  any  other  purpose  than  that  for  which  it  was 
raised,  without  a  consenting  vote  of  two-thirds  of  the  tax-paying 
voters  of  the  district;  and  no  moneys  received  from  the  primary 
school  interest  fund,  nor  from  the  one-mill  tax  except  as  provided 
by  law  shall  be  appropriated  to  any  other  use  than  the  payment  of 
teachers'  wages,  and  no  part  thereof  shall  be  paid  to  any  teacher 
who  shall  not  have  received  a  certificate  of  qualification  from  proper 
legal  authority  before  the  commencement  of  his  school.  No  school 
district  shall  apply  any  of  the  moneys  received  by  it  from  the  pri-  sectarian  schools 

i   •  J        J  111,1  L-       barred  from  pub- 

inary  school  interest  fund,  or  from  any  and  all  other  sources,  tor  nc  moneys. 
the  support  and  maintenance  of  any  school  of  a  sectarian  character, 
whether  the  same  be  under  the  control  of  any  religious  society,  or 
made  sectarian  by  the  school  district  board. 

(839.)  SEC.  12.  Said  board  shall  present  to  the  district,  at  each  Board  to  make 

i  i  •  ..  . . .       *  ,     •     •  i  annual  reports. 

annual  meeting,  a  report  in  writing,  containing  an  accurate  state- 
ment of  all  moneys  of  the  district  received  by  them,or  any  of  them, 
during  the  preceding  year,  and  of  the  disbursements  made  by  them, 
shall  the  items  of  such  receipts  and  disbursements.  Such  report 
with  also  contain  a  statement  of  all  taxes  assessed  upon  the  taxable  contents  of. 
property  of  the  district  during  the  preceding  year,  the  purposes  for 


18 


GENERAL  SCHOOL  LAWS. 


B 
,'  27.' 


Contracts. 
School  register 
to  be  kept. 

See  §  14G. 


Contract  to  be 
filed. 

Teacher  must 
have  legal  cer- 
tificate. 


See  A 
1T1T 


A., 


which  such  taxes  were  assessed,  and  the  amount  assessed  for  each 
particular  purpose,  and  said  report  shall  be  entered  by  the  director 
in  the  records  of  the  district. 

Board  to  hire  (§40.)  SEC.  13.  The  district  board  shall  hire  and  contract  with  such 
duly  qualified  teachers  as  may  be  required  ;  and  all  contracts  shall  be 
in  writing  and  signed  by  a  majority  of  the  board  on  behalf  of  the  dis- 
trict. Said  contracts  shall  specify  the  wages  agreed  upon  and  shall 
require  the  teacher  to  keep  a  correct  list  of  the  pupils,  and  the  age 
of  each,  attending  the  school,  and  the  number  of  days  each  pupil  is 
present,  and  to  furnish  the  director  with  a  correct  copy  of  the  same 
at  the  close  of  the  school.  Said  contract  shall  be  filed  with  the 
director,  and  a  duplicate  copy  of  the  contract  shall  be  furnished  to 
the  teacher.  No  contract  with  any  person  not  holding  a  legal  cer- 
tificate of  qualification  then  authorizing  such  person  to  teach  shall 
be  valid,  and  '  all  such  contracts  shall  terminate,  if  the  certificate 
shall  expire  by  limitation  and  shall  not  immediately  be  renewed,  or 
if  it  shall  be  suspended  or  revoked  by  proper  legal  authority.  A 
school  month  within  the  meaning  of  the  school  laws  shall  consist 
of  four  weeks  of  five  days  in  each  week,  unless  otherwise  specified 
in  the  teacher's  contract. 

(§41.)  SEC.  14.  the  district  board  shall  have  the  care  and  custody 
of  the  school-  house  and  other  property  of  the  district,  except  so  far 
as  the  same  shall  by  vote  of  the  district  be  specially  confided  to  the 
custody  of  the  director,  including  all  books  purchased  for  the  use  of 
indigent  pupils,  and  shall  open  the  school-house  for  public  meet- 
ings unless  by  a  vote  at  a  district  meeting  it  shall  be  determined 
otherwise:  Provided,  That  said  board  may  exclude  such  public 
meetings  during  the  five  school  days  of  each  week  of  any  and  all 
school  terms,  or  such  parts  thereof  as  in  their  discretion  they  may 
deem  for  the  best  interest  of  the  schools. 

(§42.)  SEC.  15.  The  district  board  shall  specify  the  studies  to  be 
pursued  in  the  schools  of  the  district,  and  prescribe  the  text  books  to 
be  used,  which  shall  be  uniform  in  each  subject  that  may  be  taught; 
but  text-books  once  adopted  under  the  provisions  of  this  act  shall 
not  be  changed  within  five  years,  except  by  the  consent  of  a  major- 
ity of  the  qualified  voters  of  the  district  present  at  an  annual  meet- 
ing. Each  school  board  making  a  selection  of  text-books  under  this 
act  shall  make  a  record  thereof  in  their  proceedings. 

(§43.)  SEC.  16.  The  district  board  may  purchase  at  the  expense 
of  the  district,  such  ^  text-books  as  may  be  necessary  for  the  use  of 
children  when  parents  are  not  able  to  furnish  the  same,  and  they 
shall  include  the  amount  of  such  purchase  in  the  report  to  the 
township  clerk  or  clerks,  to  be  levied  in  like  manner  as  other 
district  taxes. 

(§44.)  SEC.  17.  The  district  board  shall  have  the  general  care  of 
the  school,  and  shall  make  and  enforce  suitable  rules  and  regulations 
for  its  government  and  management,  and  for  the  preservation  of 
the  property  of  the  district.  Said  board  may  authorize  or  order  the 
suspension  or  expulsion  from  the  school,  whenever  in  its  judgment 
the  interests  of  the  school  demand  it,  of  any  pupil  guilty  of  gross 
misdemeanor  or  persistent  disobedience.  Any  person  who  shall 


School  month 
defined. 


Care  and  use  of 

school-house. 


Board  may  ex. 
elude  public 
meetings  at  cer- 
tain times. 


Board  to  specify 
studies  and 
specify  text- 
books. 


Becord  to  be 
made. 


Purchase  of 
books  for  poor 
children. 


Board  to  estab- 
lish rules  for 
school. 
See  App.  A.. 
If  43. 

May  suspend  or 
expel  disorderly 
pupils. 


GENERAL  SCHOOL  LAWS.  19 

disturb  any  school  by  rude  and  indecent  behavior,  or  by  profane  or  Penalty  for  dia- 
indecent  discourse,  or  in  any  other  way  make  such  disturbance,  turbing  8chooL 
shall,  on  conviction  thereof,  be  punished  by  a  fine  not  less  than  two 
nor  more  than  fifty  dollars,  or  by  imprisonment  in  the  county  jail 
not  exceeding  thirty  days. 

(  §45.  )  SEC.  18.  All  persons  residents  of  any  school  district,  and  five  who  can  attend 
years  of  age,  shall  have  an  equal  right  to  attend  any  school  therein  ;  sc 
and  no  separate  school  or  Department  shall  be  kept  for  any  persons  NO  separate 
on  account  of  race  or  color:  Provided,  That  this  shall  not  be  con-  o?ra0ce°etc.coa 
strued  to  prevent  the  grading  of  schools  according  to  the  intellect- 
ual  progress  of  the  pupil,  to  be  taught  in  separate  places  as  may  be 
deemed  expedient. 

(§46.)  SEC.  19.  The  district  board  may  admit  to  the  district  school  Non-resident 
nonresident  pupils,  and  may  determine  the  rates  of  tuition  of  such  £upl.ls' 
pupils,  and  collect  the  same. 

MODERATOR. 

(§47.)  SEC.  20.  It  shall  be  the  duty  of  the  moderator  of  each  school  Moderator. 
district  : 

First,  To  preside,  when  present,  at  all  meetings  of  the  district  TO  preside. 
and  of  the  board  ; 

Second,  To  countersign  all  orders  legally  drawn  by  the  director  To  countersign 
upon  the  assessor  for  moneys  to  be  disbursed  by  the  district,  and  all  JJSS?*8*1"1 
warrants  of  the  director  upon  the  township  treasurer  for  moneys 
raised  for  district  purposes,  or  apportioned  to  the  district  by  the  A" 


township  clerk  ; 

Third,  To  cause  an  action  to  be  prosecuted  in  the  name  of  the  TO  bring  suit  on 
district  on  the  assessor's  bond,  in  case  of  any  breach  of  any  con-  assessor  a  bond. 
dition  thereof; 

Fourth,  To  perform  such  other  duties  as  are  or  shall  be  by  law  other  duties. 
required  of  the  moderator. 

DIRECTOR. 

(§48.)  SEC.  21.  It  shall  be  the  duty  of  the  director  of  each  school  Director. 
district  : 

First,  To  act  as  clerk,  when  present,  at  all  meetings  of  the  dis-  Tobecierk. 
trict  and  of  the  board  ; 

Second,  To  record  the  proceedings  of  all  district  meetings,  and  TO  keep  and   . 

,1  .  n     n  ,  •  i  i     L'  -i      j_i  j     record  minutes. 

the  minutes  of  all  meetings,  orders,  resolutions,  and  other  proceed- 
ings of  the  board,  in  proper  record  books; 

Third,  To  give  the  prescribed  notice  of  the  annual  district  meet-  TO  give  notices 


ing,  and  of  all  such  special  meetings  as  he  shall  be  required  to  give  sepps.. 
notice  of  in  accordance  with  the  provisions  of  law  ;  forms  7,  9. 

Fourth,  To  draw  and  sign  warrants  upon  the  township  treasurer  TO  draw  and  sign 
for  all  moneys  raised  for  district  purposes,  or  apportioned  to  the  Sra?13  ' 
district  by  the  township  clerk,  payable  to  the  assessor  of  the  dis-  gee  App  A 
trict,  and  orders  upon  the  assessor  for  all  moneys  to  be  disbursed  by  mr  21-37.  ' 
the  district,  and  present  them  to  the  moderator,  to  be  countersigned  see  App.  B., 
by  that  officer.    Each  order  shall  specify  the  object  for  which,  and  forms  10>  1L 
the  fund  upon  which,  it  is  drawn  ; 


GENERAL  SCHOOL  LAWS. 


To  draw  and  sign 
contracts. 
See  App.  B., 
form  26. 

To  provide  ap- 
pendages and 
keep  school- 
house  in  repair. 
ProTiao. 

See  App.  A., 


To  keep  account. 


To  present  esti- 
mates of  ex- 
penses to  annual 
meeting. 


Topr 

records  and  other 
documents. 


Other  duties. 


To  take  school 
census 


List  to  be  sworn 
to. 


List  to  be  filed 
with  township 
clerk. 

What  children 
not  included. 


To  make  annual 
reports  to  in- 
spectors. 


Contents  of. 


Fifth,  To  draw  and  sign  all  contracts  with  teachers,  when 
directed  by  the  district  board,  and  present  them  to  the  other  mem- 
bers of  the  board  for  further  signature ; 

Sixth,  To  provide  the  necessary  appendages  for  the  school-house, 
and  keep  the  same  in  good  condition  and  repair  during  the  time 
school  shall  be  taught  therein :  Provided,  That  nothing  herein 
contained  shall  be  construed  to  authorize  the  director  to  purchase 
charts  or  any  apparatus  to  be  used  in  .the  school-room  without  a 
vote  of  the  district  authorizing  the  same; 

Seventh,  To  keep  an  accurate  account  of  all  expenses  incurred 
by  him  as  director,  and  such  account  shall  be  audited  by  the  mod- 
erator and  assessor,  and  on  their  written  order  shall  be  paid  out  of 
any  money  provided  for  the  purpose ; 

Eighth,  To  present  at  each  annual  meeting  an  estimate  of  the 
expenses  necessary  to  be  incurred  during  the  ensuing  year  by  the 
director  as  provided  by  law,  and  for  payment  for  the  services  of 
any  district  officer; 

Ninth,  To  preserve  and  file  copies  of  all  reports  made  to  the 
school  inspectors,  and  safely  preserve  and  keep  all  books,  papers, 
and  other  documents'  belonging  to  the  office  of  director,  or  to  the 
district  when  not  otherwise  provided  for,  and  to  deliver  the  same  to 
his  successor  in  office ; 

Tenth,  To  perform  such  other  duties  as  are  or  shall  be  required 
of  the  director  by  law  or  the  district  board. 

(§49.)  SEC.  22.  It  shall  be  the  duty  of  the  director,  or  such  other 
person  as  the  district  board  may  appoint,  within  ten  days  next  previ- 
ous to  the  first  Monday  in  September  in  each  year,  to  take  the  census 
of  the  district,  and  make  a  list  in  writing  ol  the  names  and  ages  of 
all  the  children  between  the  ages  of  five  and  twenty  years  residing 
therein,  and  a  copy  of  said  list  shall  be  verified  by  the  oath  or  affir- 
mation of  the  person  taking  such  census,  by  affidavit  appended 
thereto  or  indorsed  thereon,  setting  forth  that  it  is  a  correct  list  of  the 
names  of  all  the  children  between  the  ages  aforesaid  residing  in  the 
district,  which  affidavit  may  be  made  before  the  clerk  of  the  town- 
ship ;  and  said  list  shall  be  returned  with  the  annual  report  of  the 
director  to  the  township  clerk.  Children  in  almshouses,  prisons, 
or  asylums,  not  otherwise  residents  of  the  district,  and  not  attend- 
ing the  school,  shall  not  be  included  in  the  said  census  ;  nor  shall 
Indian  children  be  so  included  unless  they  attend  the  school,  or 
their  parents  are  liable  to  pay  taxes  therein. 

(§50.)  SEC.  23.  The  director  shall  also,  at  the  end  of  the  school 
year,  and  previous  to  the  second  Monday  in  September  in  each  year, 
deliver  to  the  township  clerk,  to  be  filed  in  his  office,  a  report  to  the 
board  of  school  inspectors  of  the  township,  showing : 

First,  The  whole  number  of  children  belonging  to  the  district 
between  the  ages  of  five  and  twenty  years,  according  to  the  census 
taken  as  aforesaid ; 

Second,  The  number  at  tend  ing  school  during  the  year  under  five, 
and  also  the  number  over  twenty  years  of  age ; 

Third,  The  number  of  non-resident  pupils  of  the  district  that 
have  attended  school  during  the  year ; 


GENERAL  SCHOOL  LAWS.  21 

Fourth,  The  whole  number  that  have  attended  school  during  the 
year; 

Fifth,  The  length  of  time  the  school  has  been  taught  during  the 
year  by  a  qualified  teacher,  the  name  of  each  teacher,  the  length  of 
time  taught  by  each,  and  the  wages  paid  to  each ; 

Sixth,  The  average  length  of  time  scholars,  between  five  and 
twenty  years  of  age,  have  attended  school  during  the  year ; 

Seventh,  The  amount  of  money  received  from  the  township 
treasurer  apportioned  to  the  district  by  the  township  clerk ; 

Eighth,  The  amount  of  money  raised  by  the  district,  and  the 
purposes  for  which  it  was  raised ; 

Ninth,  The  kind  of  books  used  in  the  school ; 

Tenth,  Such  other  facts  and  statistics  in  regard  to  the  schools  and 
the  subject  of  education  as  the  superintendent  of  public  instruc- 
tion shall  direct. 

(§51.)  SEC.  24.  The  director  of  each  fractional  district  shall  make  where  director 
his  annual  report  to  the  clerk  of  the  township  in  which  the  school-  Sc^report!18" 
house  is  situated,  and  shall  also  report  to  the  clerk  of  each  town- 
ship in  which  the  district  is  in  part  situated,  the  number  of  chil- 
dren between  the  ages  of  five  and  twenty  years  in  that  part  of  the 
district  lying  in  such  township. 

ASSESSOR. 
(852.)  SEO.  25.  It  shall  be  the  duty  of  the  assessor  of  each  school  Assessor. 

T.  v,8.     .  '  J  See  App.  A.. 

district :  inr  21-37. 

First,  To  execute  to  the  district  and  file  with  the  director  within  TO  give  bond, 
ten  days  after  his  election  or  appointment  a  bond  in  double  the 
amount  of  money  to  come  into  his  hands  as  such  assessor  during  f0eremA6^p'  B>> 
his  term  of  office,  as  near  as  the  same  can  be  ascertained,  with  two 
sufficient  sureties,  to  be  approved  by  the  moderator  and  director, 
conditioned  for  the  faithful  application  of  all  moneys  that  shall 
come  into  his  hands  by  virtue  of  his  office,  and  to  perform  all  the 
duties  of  his  said  office  as  required  by  the  provisions  of  this  act. 
Said  bond  shall  be  filed  with  the  director,  and  in  case  of  any  ^cdtofir!ed  with 
breach  of  the  condition  thereof,  the  moderator  shall  cause  a  suit  to 
be  commenced  thereon  in  the  name  of  the  district,  and  any  moneys 
collected  thereon  shall  be  paid  into  the  township  treasury,  subject 
to  the  order  of  the  district  officers,  and  shall  be  applied  to  the  same 
purposes  as   the   moneys  lost   should  have   been   applied  by  the 
assessor ; 

Second,  To  pay  all  orders  of  the  director,  when  lawfully  drawn  TO  pay  proper 
and  countersigned  by  the  moderator,  out  of  any  moneys   in  his  01 
hands  belonging  to   the  fund   upon  which   such  orders  may  be 
drawn ; 

Third,  To  keep  a  book  in  which  all  the  moneys  received  and  TO  keep  record 
disbursed  shall  be  entered,  the  sources  from  which  the  same  have 
been  received,  and  the  persons  to  whom  and  the  objects  for  which 
the  same  have  been  paid; 

Fourth*  To   present   to    the   district  board  at  the  close  of  the  TO  make  annual 

.     .     .  CM  report  to  district 

school   year   a  report   in    writing,  containing  a  statement   of  all  i>0ttrd. 
moneys  received  during  the  preceding  year,  and  of  each  item 
bursements  made,  and  exhibit  the  voucher  therefor; 
3 


GENERAL   SCHOOL  LAWS. 


sits 


Fifth*  To  appear  for  and  on  behalf  of  the  district  in  all  suits 
brought  by  or  against  the  same,  when  no  other  directions  shall  be 
See  App.  A.,  HIT  g*ven  ^J  the  qualified  voters  in  district  meeting,  except  in  suits  in 
55.58.  which  he  is  interested  adversely  to  the  district,  and  in  all  such. 

cases  the  moderator  shall  appear  for  such  district,  if  no  other  direc- 
tion be  given  as  aforesaid  ; 

otherduties.  iSixlh,  At  the  close  of  his  term  of  office  to  settle  with  the  district 
board,  and  deliver  to  his  successor  in  office  all  books,  vouchers, 
orders,  documents,  and  papers  belonging  to  the  office  of  assessor, 
together  with  all  district  moneys  remaining  on  hand  ; 

Seventh,  To  perform  such  other  duties  as  are  or  shall  be  by  law 
required  of  the  assessor. 


CHAPTER  IV. 


TOWNSHIP   OFFICERS. 


Board  of  school 
inspectors. 

See  §§  140,  146. 


Chairman  of 
board  to  be 
treasurer. 
To  give  bond. 


See  App.  B. , 
form  13. 


Bond  to  be  filed. 


When  suit  to  be 
brought  thereon. 


Inspectors  to 
make  triplicate 
reports. 


See  §  141. 


Township  clerk's 
duties  in  relation 
thereto. 


Inspectors  to 
examine  list 
of  qualified 
teachers. 

See§133,Subd.6, 


TOWNSHIP  BOARD   OF  SCHOOL  INSPECTORS. 

(§53.)  SECTION  1.  The  school  inspectors  of  each  township,  together 
with  the  township  clerk,  shall  constitute  the  township  board  of 
school  inspectors ;  and  the  inspector  whose  term  of  office  shall 
soonest  expire  shall  be  chairman  of  said  board,  and  the  township 
clerk  shall  be  the  clerk  thereof. 

(§54.)  SEC.  2.  The  chairman  of  said  board  shall  be  the  treasurer 
thereof,  and  shall  give  bond  to  the  township  in  double  the  amount 
of  moneys  to  come  into  his  hands  during  his  term  of  office,  as  near 
as  the  same  can  be  ascertained,  with  two  sufficient  sureties,  to  be 
approved  by  the  township  clerk,  conditioned  for  the  faithful  appro- 
priation of  all  moneys  that  may  come  into  his  hands  by  virtue  of 
his  office.  Said  bond  shall  be  filed  with  the  township  clerk,  and  in 
case  of  the  non-fulfillment  thereof,  said  clerk  shall  cause  a  suit  to 
be  commenced  thereon,  and  the  moneys  collected  in  such  suit  shall 
be  paid  into  the  township  treasury,  and  shall  be  applied  to 
the  same  purposes  as  the  moneys  lost  should  have  been  applied  by 
said  treasurer  of  the  board  of  school  inspectors. 

(§55.)  SEC.  3.  On  the  third  Monday  in  September  in  each  year,  the 
inspectors  shall  make  triplicate  reports,  setting  forth  the  whole 
number  of  districts  in  their  townships,  the  amount  of  money  raised 
and  received  for  township  and  district  libraries,  and  such  other 
items  as  shall  from  year  to  year  be  required  by  the  superintendent 
of  public  instruction,  together  with  the  several  particulars  set  forth 
in  the  reports  of  the  school  directors  for  the  preceding  year;  and 
the  township  clerk  shall,  within  ten  days  thereafter,  forward  two 
copies  of  the  same  to  the  county  clerk,  and  file  the  other  copy  in 
his  office. 

(§56.)  SEC.  4.  It  shall  be  the  duty  of  the  school  inspectors,  before 
making  their  annual  report,  as  required  by  the  preceding  section,  to 
examine  the  list  of  legally  qualified  teachers  on  file  in  the  office  of 
the  township  clerk,  and  if  in  any  school  district  a  school  shall  not 
have  been  taught  for  the  time  required  by  law  during  the  preceding 
school  year  by  a  legally  qualified  teacher,  no  part  of  the  public  money 


GENERAL  SCHOOL  LAWS.  23 

shall  be  distributed  to  such  district,  although  the  report  from  such  TO  report  dis- 
district  shall  set  forth  that  a  school  has  been  so  taught ;  and  it  shall  Sng^ch! 
be  the  duty  of  the  board  to  certify  to  the  facts  in  relation  to  any 
such  district  in  their  annual  report. 

(§57.)  SEC.  5.  It  shall  be  the  duty  of  the  board  of  inspectors  to  inspectorate 
render  to  the  township  board,  on  the  Tuesday  next  preceding  the 
annual  township  meeting,  a  full  and  true  account  of  all  moneys  board- 
received  and  disbursed  by  them  as  such  inspectors  during  the  year, 
which  account  shall  be  settled  by  said  township  board,  and  such 
disbursements  allowed,  if  the  proper  vouchers  are  presented. 

(§58.)  SEC.  6.  The  whole  number  of  meetings  of  the  township  Number  of 
board  of  school  inspectors  at  the  expense  of  the  township,  during  inspectors? 
any  one  school  year,  shall  not  exceed  eight;  but  this  shall  not  be  SeeApp>  A>> 
construed  to  prevent  said  board  holding  farther  meetings  in  case  of  ir  i. 
necessity,  provided  no  expense  to  the  township  be  incurred. 

TOWNSHIP  CLERK. 

(§59.)  SEC.  7.  The  township  clerk  shall  be  the  clerk  of  the  board  Township  clerk 
of  school  inspectors  by  virtue  of  his  office,  and  shall  attend  all  meet-  {£  j^f rk  of 
ings  of  said  board,  and,  under  their  direction,  prepare  all  their  inspectors, 
reports  and  record  the  same,  and  shall  record  all  their  proceedings. 
He  shall  also  receive  and  keep  all  reports  to  inspectors  from  the  Duties  as  such, 
directors  of  the  several  school  districts  in  his  township,  and  all  the 
books  and  papers  belonging  to  the  inspectors,  and  file  such  papers  See§§  140)  ul- 
in  his  office;  and  he  shall  receive  all  such  communications,  blanks, 
and  documents  as  may  be  transmitted  to  him  by  the  superintendent 
of  public  instruction,  and  dispose  of  the  same  in  the  manner  directed 
by  said  superintendent. 

(§60.)  SEC.  8.  It  shall  be  the  duty  of  the  township  clerk  annually,  To^notyircomitj 
immediately  after  the  organization  of  the  board  of  school  inspectors  mlnofboarofof 
of  his  township,  to  transmit  to  the  county  clerk  a  certified  statement  insPectors- 
of  the  name  and  post-office  address  of  the  chairman  of  said  board, 
and  in  case  there  shall  be  a  change  in  such  chairman,  during  the 
year,  he  shall  immediately  notify  the  county  clerk  of  such  change. 

(§61.)  SEC.  9.  Each  township  clerk  shall  cause  a  map  to  be  made  of  TO  make  map  of 
his  township,  showing  by  distinct  lines  thereon  the  boundaries  of  dl 
each  school  district,  and  parts  of  school  districts  therein,  and  shall 
regularly  number  the  same  thereon  as  established  by  the  inspectors. 
One  coj)y  of  such  map  shall  be  filed  by  the  said  clerk  in  his  office,  b^hfie1leedmap  to 
and  one  other  copy  he  shall  file  with  the  supervisor  of  the  township  ; 
and  within  one  month  after  any  division  or  alteration  of  a  district,  w ^en^ew  map 
or.  the  organization  of  a  new  one  in  his  township,  the  said  clerk 
shall  file  a  new  map  and  copy  thereof  as  aforesaid,  showing  the  same. 

(§62.)  SEC.  10.  It  shall  be  the  duty  of  the  township  clerk  of  each  Jjjjgyk 
township,  on  or  before  the  first  day  of  October  of  each  year,  to  make  school  taxes. 
and  deliver  to  the  supervisor  of  his  township  a  certified  copy  of  all 
statements  on  file  in  his  office  of  moneys  proposed  to  be  raised  by  see§W4. 
taxation  in  each  of  the  several  school  districts  of  the  township  for 
school  purposes.    He  shall  also  certify  to  the  supervisor  the  amount  f^w-  B-» 
to  be  assessed  upon  the  taxable  property  of  any  school  district  retain- 
ing the  district  school-house  or  other  property,  on  the  division  of  the 


GENERAL  SCHOOL  LAWS. 


district,  as  the  same  shall  have  been  determined  by  the  inspectors, 

and  he  shall  also  certify  the  same  to  the  director  of  such  district, 

and  to  the  director  of  the  district  entitled  thereto. 

?o  apportion  (§63.)  SEC.  11.  On  receiving  notice  from  the  county  treasurer  of 
weTv^irom8  the  amount  of  school  moneys  apportioned  to  his  township,  the  town- 
ounty  treasurer,  snjp  clerk  shall  apportion  the  same  amount  to  the  several  districts 

therein  entitled  to  the  same,  in  proportion  to  the  number  of  children 
orn^o.'  B''  in  each,  between  the  ages  of  five  and  twenty  years,  as  the  same  shall 

be  shown  by  the  annual  report  of  the  director  of  each  district  for 

the  school  year  last  closed. 

'o  apportion  (§64.)  SEC.  12.  Said  clerk  shall  also  apportion  to  the  school  districts 
chooi  taxes.  jn  njs  township,  as  required  by  law,  on  receiving  notice  of  the  amount 

from  the  township  treasurer,  all  moneys  raised  by  township  tax,  or 
tatement  received  from  other  sources,  for  the  support  of  schools;  and  in 
reasurer!lip  a^  cases  make  out  and  deliver  to  the  township  treasurer  a  written 
;eeApp.B.,  statement  of  the  number  of  children  in  each  district  drawing 
«ms  20,  2L  money,  and  the  amount  apportioned  to  each  district,  and  record 
'o  notify  direct-  the  apportionment  in  his  office;  and  whenever  an  apportionment 
iVrtioneddis.  of  the  primary  school  interest  fund,  or  moneys  raised  by  tax,  or  re- 
ricts.  ceived  from  other  sources,  is  made,  he  shall  give  notice  of  the 

amount  to  be  received  by  each  district  to  the  director  thereof. 

TOWHSHIP  SUPERVISOR  AND  TREASURER. 

Lssessment  and       (§65.)  SEC.  13.  It  shall  be  the  duty  of  the  supervisor  of  the  township 

ricfctaxes?f  dis"  to  assess  the  taxes  voted  by  every  school  district  in  his  township,  and 
also  all  other  taxes  provided  for  in  this  act,  chargeable  against  such 

iee§i«.  district  or  township,  upon  the  taxable  property  of  the  district  or 
township  respectively,  and  to  place  the  same  on  the  township  assess- 
ment roll  in  the  column  for  school  taxes,  and  the  same  shall  be  col- 
lected and  returned  by  the  township  treasurer  in  the  same  manner 

raxes  not  and  for  the  same  compensation  as  township  taxes.  If  any  taxes 
provided  for  by  law  for  school  purposes  shall  fail  to  be  assessed  at 
the  proper  time,  the  same  shall  be  assessed  in  the  succeeding  year. 
(§66.)  SEC.  14.  The  supervisor  shall  also  assess  upon  the  taxable 

»ne.miii  tax.  pr0perty  of  his  township  one  mill  upon  each  dollar  of  the  valuation 
thereof  in  each  year,  and  report  the  aggregate  valuation  of  each 

aow  applied,  district  to  the  township  clerk;  and  so  much  of  the  said  tax  as  the 
qualified  electors  of  said  township  shall  decide,  by  a  majority  vote, 
at  the  annual  township  meeting,  shall  be  applied  to  the  purchase  of 
books  for  the  township  library,  according  to  the  provisions  of  law, 
and  the  remainder  shall  be  apportioned  by  the  township  clerk  to 
the  districts  in  which  it  was  raised  for  the  support  of  schools 

when  forfeited  therein;  and  all  moneys  collected  by  virtue  of  this  act  during  the 
year  on  any  property  not  included  "in  any  organized  district,  or  in 
districts  not  having,  during  the  previous  school  year,  three  months' 
school  in  districts  having  less  than  thirty  children,  or  five  months' 
school  in  districts  having  thirty  and  less  than  eight  hundred  chil- 
dren, or  nine  months'  school  in  districts  having  eight  hundred,  or 

Howappor.       more  children,  as  shown  by  the  last  school  census,  shall  be  appor- 

tioned, tioned  to  the  several  other  school  districts  of  said  township,  in  the 

same  manner  as  the  primary  school  interest  fund  is  now  appor- 


GENERAL   SCHOOL  LAWS.  25 


tioned.    All  moneys  accruing  from  the  one-mill  tax  in  any  town-  Where  accrued 
ship,  before  any  district  shall  have  a  legal  school  therein,  shall  SeZg! 8h 
belong  to  the  district  in  which  it  was  raised,  when  they  shall  sever- 
ally have  had  a  three  months'  school  by  a-  qualified  teacher. 

(§67.)  SEC.  15.  The  amount  to  be  assessed  upon  the  taxable  prop-  when  district  13 
erty  of  any  school  district  retaining  the  school-house  or  other  prop-  ^^to'bTas. 
erty,  on  the  division  of  a  district,  as  the  same  shall  have  been  deter- 8essed- 
mined  by  the  inspectors,  shall  be  assessed  by  the  supervisor  in  the  same 
manner  as  if  the  same  had  been  authorized  by  a  vote  of  such  district; 
and  the  money  so  assessed  shall  be  placed  to  the  credit  of  the  taxable 
property  taken  from  the  former  district,  and  shall  be  in  reduction 
of  any  tax  imposed  in  the  new  district  on  said  taxable  property  for 
school  district  purposes:  Provided,  That  if  the  district  retaining  Proviso, 
the  school-house  shall  vote  to  pay,  and  shall  pay,  before  said  taxes 
are  assessed,  any  portion  of  said  amount  to  the  new  district,  said 
amount,  as  shall  be  certified  by  the  moderator  and  director  of  the 
new  district  to  the  supervisor,  shall  be  deducted  from  the  amount 
to  be  assessed  as  provided  in  this  section.    When  collected,  such 
amount  shall  be  paid  over  to  the  assessor  of  the  new  district,  to  be  HOW  such  taxes 
applied  to  the  use  thereof  in  the  same  manner,  under  the  direction  to 
of  its  proper  officers,  as  if  such  sum  had  been  voted  and  raised  by 
said  district  for  building  a  school-house  or  other  district  purposes. 

(§68.)  SEC.  16.  The  full  amount  of  all  taxes  to  be  levied  upon  the  Taxes  in  frac. 
taxable  property  in  a  fractional  school  district  shall  be  certified  by  the  tlonal  di 
district  board  to  the  township  clerk  of  each  township  in  which  such 
district  is  in  part  situated,  and  by  such  township  clerks  to  the 
supervisors  of  their  respective  townships,  and  it  shall  be  the  duty 
of  each  of  said  supervisors  to  certify  to  each  other  supervisor  inter- 
ested the  amount  of  taxable  property  in  that  part  of  the  district 
lying  in  his  township :  Provided,  That  where  there  exists  a  mani-  Proviso-how 
lest  difference  in  the  valuation  of  property  assessed  in  fractional  e^ualized- 
districts,  composed  of  territory  in  adjoining  townships  or  counties, 
such  valuation  shall  be  equalized  for  this  specific  purpose  by  the 
supervisors  of  the  townships  interested,  at  a  joint  meeting  held  for 
that  purpose,  on  application  of  either  of  the  supervisors  of  said 
townships.    And  such  supervisors  shall  respectively  ascertain  the 
proportion  of  such  taxes  to  be  placed  on  their  respective  assessment 
rolls,  according  to  the  amount  of  taxable  property  in  each  part  of 
such  district. 

(§69.)  SEC.  17.  The  supervisor,  on  delivery  of  the  warrant  for  the  statement 
collection  of  taxes  to  the  township  treasurer,  shall  also  deliver  to  said  trVasuiS11* 
treasurer  a  written  statement  of  the  amount  ot  school  and  library 
taxes,  the  amount  raised  for  district  purposes  on  the  taxable  prop- 
erty of  each  district  in  the  township,  the  amount  belonging  to  any 
new  district  on  the  division  of  the  former  district,  and  the  names 
of  all  persons  having  judgments  assessed  under  the  provisions  of 
this  act  upon  the  taxable  property  of  any  district,  with  the  amount 
payable  to  such  person  on  account  thereof. 

(§70.)  SEC.  18.  The  supervisor  of  each  township,  on  the  delivery  of  statement  to 
the  warrant  for  the  collection  of  taxes  to  the  township  treasurer,  shall 
also  deliver  to  said  treasurer  a  written  statement,  certified  by  him, 


26 


GENERAL  SCHOOL  LAWS. 


collection  and 

teSon" 
of  district. 


of  the  amount  of  the  one-mill  tax  levied  upon  any  property  lying 
within  the  bounds  of  a  fractional  school  district,  a  part  of  which  is 
situate  within  his  township,  and  the  returns  of  which  are  made  to 
the  clerk  of  some  other  township;  and  the  said  township  treasurer 
shall  pay  to  the  township  treasurer  of  such  other  township  the 
amount  of  the  taxes  so  levied  and  certified  to  him  for  the  use  of 
such  fractional  school  district. 

(§71.)'  SEC.  19.  Whenever  any  portion  of  a  school  district  shall  be 
set  off  and  annexed  to  any  other  district,  or  organized  into  a  new  one, 
after  a  £ax  for  district  purposes  other  than  the  payment  of  any  debts 
of  the  district  shall  have  been  levied  upon  the  taxable  property 
thereof,  but  not  collected,  such  tax  shall  be  collected  in  the  same 
manner  as  if  no  part  of  such  district  had  been  set  off,  and  the  said 
former  district,  and  the  district  to  which  the  portion  so  set  off  may 
be  annexed  or  the  new  district  organized  from  such  portion,  shall 
each  be  entitled  to  such  proportion  of  said  tax  as  the  amount  of 
taxable  property  in  each  part  thereof  bears  to  the  whole  amount  of 
taxable  property  on  which  such  tax  is  levied. 

(§72-)  SEC.  kO.  The  township  treasurer  shall  retain  in  his  hands, 
ou^  °f  ^ne  Coneys  collected  by  him,  after  deducting  the  amount  of 
tax  for  township  expenses,  the  full  amount  of  the  school  taxes  on  the 
assessment  roll,  and  hold  the  same  subject  to  the  warrant  of  the 
proper  district  officers,  to  the  order  of  the  school  inspectors,  or  of 
^e  Persons  entitled  thereto,  and  give  a  written  notice  to  the  town- 
ship  clerk  of  the  amount. 

(§73.)  SEC.  21.  The  township  treasurer  shall,  from  time  to  time, 
aPplj  to  the  county  treasurer  for  all  school  and  library  moneys  be- 
longing  to  his  township,  or  the  districts  thereof;  and  on  receipt  of 
the  moneys  to  be  apportioned  to  the  districts,  he  shall  notify  the 
township  clerk  of  the  amount  to  be  apportioned. 

(§74.)  SEC.  22.  Each  treasurer  of  a  township,  to  the  clerk  of  which 
fae  returns  of  any  fractional  school  district  shall  be  made,  shall  apply 
to  the  treasurer  of  any  other  township  in  which  any  part  of  such 
fractional  school  district  may  be  situated,  for  any  money  to  which 
such  district  may  be  entitled;  and  when  so  received  it  shall  be  cer- 
tified to  the  township  clerk,  and  apportioned  in  the  same  manner 
as  other  taxes  for  school  purposes. 


AH  school 


township  ex. 

fi.3Lpp>  A"  inf 

See  A     B 
form  19.' 

Township  treas- 

county*  treasurer* 
for  moneys. 

Bh°ip°c1erktoofn" 
moneys. 

Moneys  due  frac- 
tionai  districts. 


county  clerk  to 

pTse'or  communi- 
cations,  etc. 


County  clerk  to 
S™eportns!pect~ 


Toapprovethe 
HOW  disposed  of. 


CHAPTER  V. 

COUNTY   CLERK  AND   TREASURER. 

(  §75.)  SECTION  1.  It  shall  be  the  duty  of  each  county  clerk  to  receive 
a^  sucn  communications,  blanks,  and  documents  as  may  be  directed 
to  him  by  the  superintendent  of  public  instruction,  and  dispose  of 
the  same  in  the  manner  directed  by  said  superintendent. 

(§76.)  SEC.  2.  The  clerk  of  each  county  shall,  immediately  after  re- 
ceiving  the  annual  reports  of  the  several  boards  of  school  inspectors, 
examine  into  the  correctness  of  such  reports,  and  shall,  when  nec- 
essary,  require  the  same  to  be  amended;  he  shall  then  indorse  his 
approval  upon  them,  and  shall  immediately,  and  before  the  first  day 
of  JSIovember  in  each  year,  transmit  to  the  superintendent  of  public 


GENERAL  SCHOOL  LAWS.  27 

instruction  one  copy  of  the  duplicate  reports  of  each  of  said  several  see  §142. 
boards,  and  the  other  copy  he  shall  file  in  his  office.   And  on  receiv-  Notice  of 
ing  notice  from  the  superintendent  of  public  instruction  of  the  amount 
of  moneys  apportioned  to  the  several  townships  in  his  county,  he 
shall  file  the  same  in  his  office,  and  forthwith  deliver  a  copy  thereof 
to  the  county  treasurer. 

(§77.)  SEC.  3.  The  several  county  treasurers  shall  apply  for  and  re-  county  treas- 
ceive  such  moneys  as  shall  have  been  apportioned  to  their  respective 
counties,  when  the  same  shall  become  due;  and  each  of  said  treas- 
urers  shall  immediately  give  notice  to  the  treasurer  and  clerk 
each  township  in  his  county,  of  the  amount  of  school  moneys  appor-  amounts, 
tioned  to  his  township,  and  shall  hold  the  same  subject  to  the  order 
of  the  township  treasurer. 

CHAPTER  VI. 

BONDED   INDEBTEDNESS   OF   DISTRICTS. 

(§78.)  SECTION  1.  Any  school  district  may,  by  a  two-thirds  vote 
the  qualified  electors  of  said  district  present  at  any  annual  meeting, 
or  special  meeting  called  for  that  purpose,  borrow  money,  and  may 
issue  bonds  of  the  district  therefor,  to  pay  for  a  school-house  site  or 
sites,  and  to  erect  and  furnish  school  buildings,  as  follows :  Districts  Amount  limited, 
having  less  than  thirty  children  between  five  and  twenty  years  of 
age,  may  have  an  indebtedness  not  to  exceed  three  hundred  dollars ; 
districts  having  thirty  children  of  like  age  may  have  an  indebted- 
ness not  to  exceed  five  hundred  dollars;  districts  having  fifty  chil- 
dren of  like  age  may  have  an  indebtedness  not  to  exceed  one  thou- 
sand dollars;  districts  having  one  hundred  children  of  like  age  may 
have  an  indebtedness  not  to  exceed  three  thousand  dollars;  districts 
having  two  hundred  children  of  like  age  may  have  an  indebtedness 
not  to  exceed  eight  thousand  dollars;  districts  having  three  hun- 
dred children  of  like  age  may  have  an  indebtedness  not  to  exceed 
fifteen  thousand  dollars;  districts  having  four  hundred  children  of 
like  age  may  have  an  indebtedness  not  to  exceed  twenty  thousand 
dollars ;  districts  having  five  hundred  children  of  like  age  may  have 
an  indebtedness  not  to  exceed  twenty-five  thousand  dollars;  and 
districts  having  eight  hundred  children  or  more  of  like  age  may 
have  an  indebtedness  not  to  exceed  thirty  thousand  dollars :  Pro- 
vided,  That  the  indebtedness  of  a  district  shall  in  no  case  extend 
beyond  ten  years  for  money  borrowed:  Provided  further,  That  in  Proviso— reguia- 
all.  proceedings  under  this  section  the  director,  assessor,  and  one  {J,0^  Ks?8 
person  appointed  by  the  district  board,  shall  constitute  a  board  of 
inspection,  who  shall  cause  a  poll-list  to  be  kept,  and  a  suitable 
ballot-box  to  be  used,  which  shall  be  kept  open  two  hours,  and  said 
ballotings  shall  be  conducted  in  the  same  manner  as  at  township 
elections. 

(§79.)  SEC.  2.  Whenever  any  school  district  shall  have  voted  to  bor-  issuing  bonds 
row  any  sum  of  money,  the  district  board  of  such  district  is  hereby  Jo\mL°ney  b 
authorized  to  issue  the  bonds  of  such  district,  in  such  form,  and  exe- 
cuted in  such  manner  by  the  moderator  and  director  of  such  district, 
and  in  such  sums,  not  less  than  fifty  dollars,  as  such  district  board 


28 


GENERAL  SCHOOL  LAWS. 


interest  thereon,  shall  direct,  and  with  such  rate  of  interest,  not  exceeding  eight  per 
centum  per  annum,  and  payable  at  such  time  or  times  as  the  said 
district  shall  have  directed. 

Voters  may  raise  (§80.)  SEC.  3.  Whenever  any  money  shall  have  been  borrowed 
bonds.  redeem  by  any  school  district,  the  taxable  inhabitants  of  such  -district  are 
hereby  authorized,  at  any  regular  meeting  of  such  district,  to  impose 
a  tax  on  the  taxable  property  in  such  district,  for  the  purpose  of 
paying  the  principal  thus  borrowed,  or  any  part  thereof,  and  the 
interest  thereon,  to  be  levied  and  collected  as  other  school  district 
taxes  are  collected. 

(§81.)  SEC.  4.  Any  school  district,  whenever  it  shall  appear  that  the 
same  can  be  done  on  terms  advantageous  to  said  district,  may  bor- 
row  moneJ  to  pay  any  bonded  indebtedness  of  said  district  then 
existing,  and  issue  further  bonds  of  said  district  therefor  :  Provided, 
That  a  majority  of  the  qualified  voters  of  said  district  shall  so  deter- 
mine, at  an  annual  or  special  meeting  called  for  that  purpose  ;  and 
that  the  notice  of  such  meeting,  whether  annual  or  special,  shall 
state  the  intention  to  take  such  vote. 


District  may 


bonds.funher 


Proviso. 


CHAPTER  VII. 


SeegApp.A.,inr 
justices  to  have 


suitagainst 

district,  now 

commenced. 


Assessor  to  cer. 

tify  to  supervisor 

judgment  against 


>w  party 


of  fractional 

district. 


SUITS  AND  JUDGMENTS  AGAINST  DISTKICTS. 

(§82.)  SECTION  1.  Justices  of  the  peace  shall  have  jurisdiction  in 
all  cases  of  assumpsit,  debt,  covenant,  and  trespasson  the  case  against 
school  districts,  when  the  amount  claimed,  or  matter  in  controversy 
shall  not  exceed  one  hundred  dollars  ;  and  the  parties  shall  have 
the  same  right  of  appeal  as  in  other  cases. 

(§83.)  SEC.  2.  When  any  suit  shall  be  brought  against  a  school  dis- 

i«i«.iiii  11  /•        1*11111 

tnct,  it  shall  be  commenced  by  summons,  a  copy  01  which  shall  be 
left  with  the  assessor  of  the  district  at  least  eight  days  before  the 
return  day  thereof. 

(§8^')  SEC.  3.  No  execution  shall  issue  on  any  judgment  against  a 
school  district,  nor  shall  any  suit  be  brought  thereon,  but  the  same 
shall  be  collected  in  the  manner  prescribed  in  this  act. 

(§85.)  SEC.  4.  Whenever  any  final  judgment  shall  be  obtained 

•       ,'         -,        i    T    ,    •    ,     -r.,1  T      11         ,  i  i  ^ 

against  a  school  district,  if  the  same  shall  not  be  removed  to  any  other 
court,  the  assessor  of  the  district  shall  certify  to  the  supervisor  of  the 
township  and  to  the  director  of  the  district,  the  date  and  amount  of 
such  judgment,  with  the  name  of  the  person  in  whose  favor  the  same 
•was  rendered,  and  if  the  judgment  shall  be  removed  to  another  court, 
the  assessor  shall  certify  the  same  as  aforesaid,  immediately  after 
the  final  determination  thereof  against  the  district. 

(§86-)  ,SEC-  5-  If  the  assessor  shall  fail  to  certify  the  judgment  as 
required  in  the  preceding  section,  it  shall  be  lawful  for  the  party 
obtaining  the  same,  his  executors,  administrators,  or  assigns,  to  file 
with  the  supervisor  the  certificate  of  the  justice  or  clerk  of  the  court 
rendering  the  judgment  showing  the  facts  which  should  have  been 
certified  by  the  assessor. 

(§87-)  SEC-  6-  If  the  district  against  whom  any  such  judgment  shall 
\)Q  rendered  is  situated  in  part  in  two  or  more  townships,  a  certificate 


GENERAL  SCHOOL  LAWS.  29 

ihereof  shall  be  delivered  as  aforesaid  to  the  supervisor  of  each  town- 
ship in  which  such  district  is  in  part  situated. 

(888.)  SEC.  7.  The  supervisor  or  supervisors  receiving  either  of  Supervisorsto 

,,    vs       /.„  r       •      i  e  '-ii  -i,  L\       assess  amount  of 

the  certificates  of  a  judgment  as  aforesaid  shall  proceed  to  assess  the  judgment. 

.amount  thereof,  with  interest  from  the  date  of  the  judgment  to  the 

time  when  the  warrant  for  the  collection  thereof  will  expire,  upon 

the  taxable  property  of  the  district,  placing  the  same  on  the  next 

township  assessment  roll  in  the  column  for  school  taxes;   and  the 

same  proceedings  shall  be  had,  and  the  same  shall  be  collected  and  HOW  collected 

returned  in  the  same  manner  as  other  district  taxes. 

CHAPTER  VIII. 

SITES  FOR   SCHOOL-HOUSES. 

(§89.)  SECTION  1.  The  qualified  voters  of  any  school  district,  when  see  APP.  A.,irir 
lawfully  assembled,  may  designate  by  a  vote  of  two-thirds  of  those  vo'tl™  to  desig. 
present,  such  number  of  sites  as  may  be  desired  for  school-houses,  natesites- 
.and  may  change  the  same  by  a  similar  vote  at  any  annual  meeting. 
When  no  site  can  be  established  by  such  inhabitants  as  aforesaid, 
the  school  inspectors  of  the  township  or  townships  in  which  the  site, 
district  is  situated  shall  determine  where  such  site  shall  be,  and  see  APP.  B., 
their  determination  shall  be  certified  to  the  director  of  the  district, form  17> 
and  shall  be  final,  subject  to  alteration  afterward  by  the  inspectors, 
on  the  written  request  of  two-thirds  of  the  qualified  voters  of  the 
•district,  or  by  two-thirds  of  the  qualified  voters  agreeing  upon  a 
site,  at  a  district  meeting  lawfully  called. 

(§90.)  SEC.  2.  Whenever  a  site  for  a  school-house  shall  be  desig-  Disagreement 
nated,  determined,  or  established,  in  any  manner  provided  by  law,  in 
any  school  district,  and  such  district  shall  be  unable  to  agree  with 
the  owner  or  owners  of  such  site  upon  the  compensation  to  be  paid 
therefor,  or  in  case  such  district  shall,  by  reason  of  any  imperfec- 
tion in  the  title  to  said  site,  arising  either  from  break  in  the  chain 
of  title,  tax  sale,  mortgages,  levies,  or  any  other  cause,  be  unable  to 
procure  a  perfect,  unincumbered  title,  in  fee  simple  to  said  site,  the 
district  board  of  such  district  shall  authorize  one  or  more  of  its  Board  to  apply 
members  to  apply  to  the  circuit  judge,  if  there  be  one  in  the  county,  foraj'ury- 
or  to  a  circuit  court  commissioner  of  the  county,  or  to  any  justice 
of  the  peace  of  the  city  or  township  in  which  such  school  district 
shall  be  situated,  for  a  jury  to  ascertain  and  determine  the  just  com- 
pensation to  be  made  for  the  real  estate  required  by  such  school 
district  for  such  site,  and  the  necessity  for  using  the  same,  which 
application  shall  be  in  writing,  and  shall  describe  the  real  estate  contents  of 
required  by  such  district  as  accurately  as  is  required  in  a  convey-  ap 
ance  of  real  estate:  Provided,  That  whenever  any  school  district 
shall  have  designated,  selected,  or  established,  in  any  manner  pro- 
vided  by  law,  a  school-house  site,  such   selection,  designation,  or 
establishment  shall  be  prima  facie  evidence  to  said  jury  of  the 
necessity  to  use  the  site  so  established. 

(§91.)"  SEC.  :3.  It  shall  be  the  duty  of  such  circuit  judge,  circuit  Juryto be 
-court  commissioner,  or  justice  of  the  peace,  upon  such  application  «""moned 
being  made  to  him,  to  issue  a  summons  or  venire,  directed  to  the 


30 


GENERAL  SCHOOL  LAWS. 


Owner  to  be 
notified. 


Notice  in  case 
owner  ia  un- 
known, etc. 


sheriff  or  any  constable  of  the  county,  commanding  him  to  summon 
eighteen  freeholders  residing  in  the  vicinity  of  such  site,  who  are  in 
no  wise  of  kin  to  the  owner  of  such  real  estate,  and  not  interested 
therein,  to  appear  before  such  judge,  commissioner, or  justice,  at  the 
time  and  place  therein  named,  not  less  than  twenty  nor  more  than 
fifty  days  from  the  time  of  issuing  such  summons  or  venire,  as  a 
jury  to  ascertain  and  determine  the  just  compensation  to  be  made 
for  the  real  estate  required  by  such  school  district  for  such  site,  and 
the  necessity  for  using  the  same,  and  to  notify  the  owner  or  occu- 
pant of  such  real  estate,  if  he  can  be  found  in  the  county,  of  the 
time  when  and  the  place  where  such  jury  is  summoned  to  appear, 
and  the  object  for  which  such  jury  is  summoned;  which  notice 
shall  be  served  at  least  ten  days  before  the  time  specified  in  such 
summons  or  venire  for  the  jury  to  appear  as  hereinbefore  men- 
tioned. 

(§92.)  SEC.  4.  Thirty  days'  previous  notice  of  the  time  when  and  the 
place  where  such  jury  will  assemble  shall  be  given  by  the  district 
board  of  such  district,  where  the  owner  or  owners  of  such  real 
estate  shall  be  unknown,  non-residents  of  the  county,  minors,  in- 
sane, non  compos  mentis*  or  inmates  of  any  prison,  by  publishing 
the  same  in  a  newspaper  published  in  the  county  where  such  real 
estate  is  situated ;  or  if  there  be  no  newspaper  published  in  such 
county,  then  in  some  newspaper  published  in  the  nearest  county 
where  a  newspaper  is  published,  once  in  each  week  for  four  succes- 
sive weeks,  which  notice  shall  be  signed  by  the  district  board,  cfr  by 
the  director  or  assessor  of  such  district,  and  shall  describe  the  real 
estate  required  for  such  site,  and  state  the  time  when  and  place 
where  such  jury  will  assemble,  and  the  object  ior  which  they  will 
assemble ;  or  such  notice  may  be  served  on  such  owner  personally, 
or  by  leaving  a  copy  thereof  at  his  last  place  of  residence. 

(§93.)  SEC.  5.  It  shall  be  the  duty  of  such  judge,  commissioner,  or 
th\dreonTeding8  justice>  an(*  of  tne  persons  summoned  as  jurors,  as  hereinbefore  pro- 
vided, and  of  the  sheriff  or  constable  summoning  them  to  attend  at 
the  time  and  place  specified  in  such  summons  or  venire ;  and  the 
officer  who  summoned  the  jury  shall  return  such  summons  or 
venire  to  the  officer  who  issued  the  same,  with  the  names  of  the 
persons  summoned  by  him  as  jurors,  and  shall  certify  the  manner 
of  notifying  the  owner  or  owners  of  such  real  estate,  if  he  was 
found ;  and  if  he  could  not  be  found  in  said  county,  he  shall  certify 
that  fact.  Either  party  may  challenge  any  of  the  said  jurors  for 
the  same  causes  as  in  civil  actions.  If  more  than  twelve  of  said 
jurors  in  attendance  shall  be  found  qualified  to  serve  as  jurors,  the 
officer  in  attendance,  and  who  issued  the  summons  or  venire  for 
such  jury,  shall  strike  from  the  list  of  jurors  a  number  sufficient  to 
reduce  the  number  of  jurors  in  attendance  to  twelve ;  and  in  case 
less  than  twelve  of  the  number  so  summoned  as  jurors  shall  attend, 
the  sheriff  or  constable  shall  summon  a  sufficient  number  of  free- 
Attachment  may  holders  to  make  up  the  number  of  twelve;  and  the  officer  issuing 
tne  summons  or  venire  for  such  jury,  may  issue  an  attachment  for 
any  person  summoned  as  a  juror  who  shall  fail  to  attend,  and  may 


Eeturn  of  venire 


GENERAL   SCHOOL  LAWS,  31 

enforce  obedience  to  such  summons,  venire,  or  attachments  courts 
of  record,  or  justices'  courts  are  authorized  to  do  in  civil  cases. 

(§94.)  SEC.  6.  The  twelve  persons  selected  as  the  jury  shall  be  duly  Jufy tobe 
sworn  by  the  judge,  commissioner,  or  justice  in  attendance,  faith-  "* 
fully  and  impartially  to  inquire,  ascertain,  and  determine  the  just 
compensation  to  be  made  for  the  real  estate  required  by  such  school 
district  for  such  site,  and  the  necessity  for  using  the  same  in  the 
'manner  proposed  by  such  school  district ;  and  the  persons  thus 
sworn  shall  constitute  the  jury  in  such  case.    Subpoenas  for  wit- 
nesses may  be  issued,  and  their  attendance  compelled  by  such  cir-  subpoenas  for 
cuit  judge,  commissioner,  or  justice  in  the  same  manner  as  may  be  Wltnesse3' 
done  by  the  circuit  court  or  by  a  justice's  court  in  civil  cases.    The 
jury  may  visit  and  examine  the  premises,  and,  from  such  examina- Jury  to  ascertain 
tion  and  such  other  evidences  as  may  be  presented  before  them,  £J£  u£j fop  ***" 
shall  ascertain  and  determine  the  necessity  for  using  such  real 
estate  in  the  manner  and  for  the  purpose  proposed  by  such  school 
district,  and  the  just  compensation   to  be  made  therefor;   and  if 
such  jury  shall  find  that  it  is  necessary  that  such  real  estate  shall 
be  used  in  the  manner  or  for  the  purpose  proposed  by  such  school 
district,  they  shall  sign  a  certificate  in  writing,  stating  that  it  is  nec- 
essary that  said  real  estate,  describing  it,  should  be  used  as  a  site 
for  a  school-house  fcr  such  district ;  also  stating  the  sum  to  be  paid 
by  such  school  district  as  the  just  compensation  for  the  same.    The  therefor!* 
said  circuit  judge,  circuit  court  commissioner,  or  justice  of  the  court  to mako 
peace,  shall  sign  and  attach  to,  and  indorse  upon  the  certificate  ce 
thus  subscribed  by  the  said  jurors,  a  certificate  stating  the  time 
when  and  the  place  where  the  said  jury  assembled,  that  they  were 
by  him  duly  sworn  as  herein  required,  and  that  they  subscribed  the 
said  certificate.    He  shall  also  state  in  such  certificate  who  appeared 
for  the  respective  parties  on  such  hearing  and  inquiry,  and  shall 
deliver  such  certificates  to  the  director,  or  to  any  member  of  the 
district  board  of  such  school  district. 

(§95.)  SEC.  7.  Upon  filing  such  certificates  in  the  circuit  court  of  collection  of 
the  county  where  such  real  estate  is  situated,  such  court  shall,  if  it judgme 
finds  all  the  proceedings  regular,  render  judgment  for  the  sum 
specified  in  the  certificate  signed  by  such  jury,  against  such  school 
district,  which  judgment  shall  be  collected  and  paid  in  the  manner 
as  other  judgments  against  school  districts  are  collected  and  paid. 

(§96.)  SEC.  8.  In  case  the  owner  of  such  real  estate  shall  be  unknown,  ^"ownTta 
insane,  non  compos  mentis,  or  an  infant,  or  cannot  be  found  within  money  to  be  di 
such  county,  it  shall  be  lawful  for  the  said  school  district  to  deposit  ^unty treasurer, 
the  amount  of  such  judgment  with  the  county  treasurer  of  such 
county,  for  the  use  of  the  person  or  persons  entitled  thereto ;  and 
it  shall  be  the  duty  of  such  county  treasurer  to  receive  such  money, 
and  at  the  time  of  receiving  it,  to  give  a  receipt  or  certificate  to  the 
person  depositing  the  same  with  him,  stating  the  time  when  such 
deposit  was  made,  and  for  what  purpose;  and  such  county  treas- 
urer and  his  sureties  shall  be  liable  on  his  bond  for  any  money 
which  shall  come  into  his  hands  under  the  provisions  of  this  act,  in 
case  he  shall  refuse   to  pay  or  account  for  the  same,  as  herein 
required :     Provided,  That  no  such  money  shall  be  drawn  from 


GENERAL  SCHOOL  LAWS. 


Proviso- 
how  money  to 
be  drawn  from 
county  treasurer. 

On  payment 
court  to  decree 
title  vested  in 
district 


Copy  of  decree 
to  be  recorded. 


When  district  to 
take  possession. 

Writ  of  posses, 
sion  to  be  issued 
by  county  clerk 
to  sherifi: 


Sheriff  to  remove 
respondent. 


When  jury  dis. 
agrees  proceed- 
ings may  be 
adjourned  and 
new  jury  sum- 
moned. 


Adjournments 
not  to  exceed 
three  months. 

Proceedings 
in  case  of  in- 
cumbrances. 


snch  county  treasurer,  except  upon  an  order  of  the  circuit  court, 
circuit  court  commissioner,  or  judge  of  probate,  as  hereinafter 
provided. 

(§97.)  SEC.  9.  Upon  satisfactory  evidence  being  presented  to  the 
circuit  court  of  the  county  where  such  real  estate  lies,  that  such  judg- 
ment, or  the  sum  ascertained  and  determined  by  the  jury  as  the  just 
compensation  to  be  paid  by  such  district  for  such  site,  has  been 
paid,  or  that  the  amount  thereof  has  been  deposited  according  tp 
the  provisions  of  the  preceding  sections,  such  court  shall,  by  an 
order  or  decree,  adjudge  and  determine  that  the  title  in  fee  of  such 
real  estate  shall,  from  the  time  of  making  such  payment  or  deposit, 
forever  thereafter  be  vested  in  such  school  district  and  its  succes- 
sors and  assigns,  and  shall,  in  and  by  such  order  or  decree,  award  to 
such  school  district  a  writ  of  possession  for  the  recovery  of  the 
possession  of  such  real  estate ;  a  copy  of  which  order  or  decree, 
certified  by  the  clerk  of  said  county,  shall  be  recorded  in  the  office 
of  the  register  of  deeds  of  such  county,  and  the  title  of  such  real 
estate  shall  thenceforth,  from  the  time  of  making  such  payment  or 
deposit,  be  vested  forever  thereafter  in  such  school  district  and 
its  successors  and  assigns  in  fee. 

(§98.)  SEC.  10.  Such  school  district  may,  at  any  time  after  making 
payment  or  deposit  hereinbefore  required,  enter  upon  and  take  pos- 
session of  such  real  estate  for  the  use  of  said  district.  And  it  shall 
be  the  duty  of  the  county  clerk  of  said  county,  on  the  request  of 
said  school  district,  to  issue  out  of  and  under  the  seal  of  the  circuit 
court  of  said  county  a  writ  of  possession  as  awarded  in  such  order 
or  decree;  which  writ  shall  be  directed  to  the  sheriff  of  said  county, 
and  shall  be  tested  and  made  returnable,  and  shall  be  substantially, 
so  far  as  may  be,  in  the  same  form  provided  for  writs  of  possession 
in  actions  of  ejectment;  and  it  shall  be  the  duty  of  such  sheriff 
thereupon  to  remove  the  respondent  or  respondents  in  such  pro- 
ceedings, and  all  persons  holding  under  them  or  either  of  them, 
from  the  real  estate  described  in  such  decree  and  in  such  writ,  and 
deliver  the  possession  thereof  with  the  appurtenances  to  such 
school  district. 

(§99.)  SEC.  11.  In  case  the  jury  hereinbefore  provided  for  shall  not 
agree,  another  jury  may  be  summoned  in  the  same  manner,  and  the 
same  proceedings  may  be  had,  except  that  no  further  notice  of  the 
proceedings  shall  be  necessary;  but  instead  of  such  notice,  the  judge, 
commissioner,  or  justice  may  adjourn  the  proceedings  to  such  time 
as  he  shall  think  reasonable,  not  exceeding  thirty  days,  and  shall 
make  the  process  to  summon  a  jury  returnable  at  such  time  and 
place  as  the  said  proceedings  shall  be  adjourned  to.  Such  proceed- 
ings may  be  adjourned  from  time  to  time  by  the  said  judge,  or  com- 
missioner, or  justice,  on  the  application  of.  either  party,  and  for 
good  cause,  to  be  shown  by  the  party  applying  for  such  adjourn- 
ment, unless  the  other  party  shall  consent  to  such  adjournment; 
but  such  adjournments  shall  not  in  all  exceed  three  months. 

(§100.)  SEC.  12.  In  case  the  said  school-house  site  is  encumbered 
by  mortgage,  levy,  tax  sale,  or  otherwise,  as  aforesaid,  the  mortgagee, 
or  other  parties  claiming  to  be  interested  in  said  title,  shall  severally 


GENERAL   SCHOOL  LAWS.  33 

be  made  a  party  to  the  procedure  as  aforesaid,  and  shall  be  author- 
ized upon  the  filing  of  the  certificate  of  the  jury  in  the  circuit  court 
of  said  county,  to  appear  before  the  circuit  judge  and  make  proof 
relative  to  their  proportionate  claims  to  the  said  site,  or  the  com- 
pensation to  be  made  therefor,  as  determined  by  said  jury.    And 
the  said  circuit  judge  shall,  by  decree,  settle  their  several  claims  in  Duty  of  circuit 
accordance  with  the  rights  of  the  parties  respectively,  and  mayjudge8t 
divide  the  sum  awarded  by  said  jury  between  the  claimants  as  in 
his  judgment  will  be  equitable  and  right,  rendering  against  said 
district  a  separate  judgment  for  each  of  the  amounts  so  awarded. 

(§101.)  SEC.13.  The  circuitjudge,  j  udge  of  probate,  or  circuit  court  HOW  money 
commissioner  of  any  county  where  any  money  has  been  deposited  co^tytreMuSr 
with  the  county  treasurer  of  such  county,  as  hereinbefore  provided,  may  be  drawn. 
shall,  upon  the  written  application  of  any  person  or  persons  entitled 
to  such  money,  and  upon  receiving  satisfactory  evidence  of  the  right 
of  such  applicant  to  the  money  thus  deposited,  make  an  order, 
directing  the  county  treasurer  to  pay  the  money  thus  deposited  with 
him  to  said  applicant;  and  it  shall  be  the  duty  of  such  county 
treasurer,  on  the  presentation  of  such  order,  with  the  receipt  of  the 
person  named  therein  indorsed  on  said  order  and  duly  acknowledged, 
in  the  same  manner  as  conveyances  of  real  estate  are  required  to  be 
acknowledged,  to  pay  the  same  ;  and  such  order,  with  the  receipt 
of  the  applicant  or  person  in  whose  favor  the  same  shall  be  drawn, 
shall,  in  all  courts  and  places,  be  presumptive  evidence  in  favor  of 
such  county  treasurer,  to  exonerate  him  from  all  liability  to  any 
person  or  persons  for  said  money  thus  paid  by  him. 

(§102.)  SEC.  14    Circuit  judges,  circuit  court  commissioners,  and  Compensation  of 
justices  of  the  peace,  for  any  services  rendered  under  the  provisions  proceedings?  °r 
of  this  act,  shall  be  entitled  to  the  same  fees  and  compensation  as  for 
similar  services  in  other  special  proceedings.    Jurors,  constables,  and 
sheriffs  shall  be  entitled  to  the  same  fees  as  for  like  services  in  civil 
cases  in  the  circuit  court. 

(§103.)  SEC.  15.  In  case  any  circuitjudge,  circuit  court  commis-  ^che^n^fee'to 
sioner,  or  justice  of  the  peace,  who  shall  issue  a  summons  or  venire  attend°anoethe» 
for  a  jury,  shall  be  unable  to  attend  to  any  of  the  subsequent  pro- 
ceedings  in  such  case,  any  other  circuit  court  commissioner  or  jus- 
tice of  the  peace  may  attend  and  finish  said  proceedings. 

CHAPTER  IX. 

APPEALS  FROM  ACTION  OF  INSPECTORS. 

(§104.)  SECTION  1.  Whenever  any  five  or  more  tax-paying  electors,  see  APP.  A.,  I 
having  taxable  property  within  any  school  district,  shall  leel  them-  tvLn  electors 
selves  aggrieved  by  any  action,  order,  or  decision  of  the  board  of  school  may  appeal 
inspectors,  with  reference  to  the  formation,  or  any  division  or  con- 
solidation of  said  school  district,  they  may,  at  any  time  within  sixty 
days  from  the  time  of  such  action  on  the  part  of  said  school  inspect- 
ors, appeal  from  such  action,  order,  or  decision  of  said  board  of 
school  inspectors,  to  the  township  board  of  the  township  in  which 
such  school  district  is  situated:  and  in  case  of  fractional  school  dis-  HOW  made 
tricts,  such  appeal  shall  be  made  to  the  several  township  boards  of 


34 


GENERAL  SCHOOL  LAWS. 


Appellants  to 
file  statement  of 
cause. 


Appellants  to 
execute  bond. 


Where  filed. 


the  several  townships  in  which  the  different  parts  of  said  fractional 
Powers  and        school  district  are  situated,  who  shall  have  power,  and  whose  duty 
snfieboard°wn~    ^  SDa^  *>e,  acting  jointly,  to  entertain  such  appeal,  and  review,  con- 
firm, set  aside,  or  amend  the  action,  order,  or  decision  of  the  board 
of  school  inspectors  thus  appealed  from;  or  if  in  their  opinion  the 
appeal  is  frivolous,  or  without  sufficient  cause,  they  may  summarily 
dismiss  the  same. 

(§105.)  JSEO.  2.  Said  appellants  shall,  before  taking  such  appeal, 
make  out  and  file  with  the  board  of  school  inspectors,  or,  in  case  of 
fractional  school  districts,  to  the  joint  boards  of  school  inspectors,  a 
written  statement,  to  be  signed  by  said  appellants,  setting  forth  in 
general  terms  the  action,  order,  or  decision  of  the  board  or  boards  of 
school  inspectors  with  respect  to  which  the  appellants  feel  them- 
selves aggrieved,  and  their  demand  for  an  appeal  therefrom  to  the 
township  board  or  boards  of  said  township,  or  townships,  and  shall 
also  cause  to  be  executed  and  signed  by  one  of  their  number,  and 
by  two  good  and  sufficient  sureties,  to  be  approved  by  the  clerk  of 
said  board  or  joint  boards  of  school  inspectors,  or  by  any  justice  of 
the  peace  of  the  township,  and  filed  with  the  clerk  of  said  board  or 
joint  boards  of  school  inspectors,  a  bond  to  the  people  of  the  State 
of  Michigan  in  the  penal  sum  of  two  hundred  dollars,  conditioned 
for  the  due  prosecution  of  said  appeal  before  said  township  board  or 
boards,  acting  jointly,  and  also,  in  case  of  the  dismissal  of  said  ap- 
peal as  frivolous,  by  said  township  board  or  joint  boards,  for  the 
payment  by  said  appellants  of  all  costs  occasioned  to  the  township 
or  townships,  by  reason  of  said  appeal. 

(§106.)  SEC.  3.  Upon  the  filing  of  such  appeal  papers  and  bond 
with  the  said  board  or  joint  boards  of  school  inspectors,  the  said  board 
or  joint  ooards  of  school  inspectors  shall,  within  ten  days  thereafter, 
make  out  and  file  with  the  clerk  of  said  township  in  which  the  said 
school-house  is  located,  a  full  and  complete  transcript  of  all  their 
proceedings,  actions,  orders,  or  decisions  with  reference  to  which  the 
appeal  is  taken,  and  of  their  records  of  the  same;  also,  said  bond 
and  appeal  papers,  and  all  petitions  and  remonstrances,  if  any,  with 
reference  to  the  matters  appealed  from ;  and  upon  the  filing  of  the 
same  with  the  said  township  clerk,  the  said  township  board  or  boards 
shall  be  deemed  to  be  in  possession  of  the  case,  and  if  the  return  be 
deemed  by  them  insufficient,  may  order  a  further  and  more  com- 
plete return  by  said  board  or  boards  of  school  inspectors;  and  when 
such  return  shall  by  them  be  deemed  sufficient,  they  shall  proceed 
with  the  consideration  of  the  appeal,  at  such  time  or  times,  within 
ten  days  after  such  return,  and  in  such  manner  and  under  such 
affirmation,  amendment,  or  reversal  of  the  action,  order,  or  decision 
of  the  board  or  boards  of  school  inspectors  appealed  from,  as  in  their 
judgment  shall  seem  to  be  just  and  right;  or,  if  they  deem  the  ap- 
peal to  be  frivolous,  they  may  summarily  dismiss  the  same;  but  the 
decision  of  said  board  or  boards  of  school  inspectors  shall  not  be 
altered  or  reversed,  unless  a  majority  of  such  township  board  or 
boards,  not  members  of  said  board  or  boards  of  school  inspectors, 
shall  so  determine. 


Duty  of  inspect, 
ors  when  appeal 
is  filed. 


When  township 
board  deemed  in 
possession  of 
case. 


Proceedings  in 
the  appeal. 


When'm  embers 
of  township 
board  cannot  act 
in  determining 
case. 

See  App.  A.,  1HT 
12,  13. 


GENERAL  SCHOOL   LAWS.  35 


CHAPTER  X. 

GRADED   SCHOOL   DISTRICTS. 

(§107.)  SECTIOH  1.  Any  school  district  containing  more  than  one  s.ee  APP-  A.,  mr 
hundred  children  between  the  ages  of  five  and  twenty  years,  may,  by  whS  districts 
a  two-thirds  vote  of  the  qualified  electors  present  at  any  anual  meet-»3iorgunizeas 
ing,  organize  as  a  graded  school  district:  Provided,  That  the  inten- 
tion to  take  such  vote  shall  be  expressed  in  the  notice  of  such  annual  Proviso-notice 
meeting.     When  such  change  in  the  organization  of  the  district  of  meetins- 
shall  have  been  voted,  the  voters  at  such  annual  meeting  shall  pro-  Election  of 
ceed  immediately  to  elect,  by  ballot,  from  the  qualified  voters  of  the  trustees< 
district,  two  trustees  for  the  term  of  one  year,  two  for  a  term  of  two 
years,  and  two  for  a  term  of  three  years;  and  annually  thereafter  Term  of  office. 
two  trustees  shall  be  elected,  in  the  manner  aforesaid,  whose  term 
of  office  shall  be  three  years,  and  until  their  successors  shall  have 
been  elected  and  filed  their  acceptances. 

(§108.)  SEC.  2.  Writhin  ten  days  after  their  election  such  trustees  Acceptance  of 
shall  tile  with  the  director  acceptances  of  the  offices  to  which  they 
have  been  elected,  and  shall  annually  elect  from  their  own  number 
a  moderator,  a  director,  and  assessor,  and  for  cause  may  remove  the 
same,  and  may  appoint  others  of  their  own  number  in  their  places,  trustees- 
who  shall  perform  the  duties  prescribed  by  law  for  such  officers  in 
other  school  districts  in  this  State,  except  as  hereinafter  provided. 
The  trustees  shall  have  power  to  fill  any  vacancy  that  may  occur  in  Vacancy  in 
their  number  till  the  next  annual  meeting.     Whenever,  in  any  case,  board»bowfilled- 
the  trustees  shall  fail,  through  disagreement  or  neglect,  to  elect  the  when  inspectors 
officers  named  in  this  section,  within  twenty  days  next,  after  the          1^"1* 


annual  meeting,  the  school  inspectors  of  the  township  or  city  to  see  APP.  B., 
which  such  district  makes  its  annual  report  shall  appoint  the  said  form  15> 
officers  from  the  number  of  said  trustees. 

(§109.)  SEC.  3.  It  shall  be  the  duty  of  the  board  of  trustees  of  any  Duty  of  trustees. 
graded  school  district: 

First,  To  classify  and  grade  the  pupils  attending  school  in  such  TO  classify 
district,  and  cause  them  to  be  taught  in  such  schools  or  departments  puplls- 
as  they  may  deem  expedient; 

Sscond,  To  establish  in  such  district  a  high  school  when  ordered  To  establish 
by  a  vote  of  the  district  at  an  annual  meeting,  and  to  determine  the  high  school,  etc. 
qualifications  for  admission  to  such  school,  and  the  fees  to  be  paid 
for  tuition  in  any  branches  taught  therein; 

Third,  To  audit  and  order  the  payment  of  all  accounts  of  the 
director  for  incidental  or  other  expenses  incurred  by  him  in  the  dis- 
charge  of  his  duties;  but  no  more  than  fifty  dollars  shall  be  expended 
by  the  director  in  any  one  year  for  repairs  of  the  buildings  or  appur- 
tenances of  the  district  property  without  the  authority  of  the  board 
of  trustees; 

Fourth,  To  employ  all  qualified  teachers  necessary  for  the  several  TO  employ 
schools,  and  to  determine  the  amount  of  their  compensation,  and  g^e^8' 
to  require  the  director  and  moderator  to  make  contracts  with  thegeeApp  B> 
same  on  behalf  of  the  district,  in  accordance  with  the  provisions  of  form  zs. 
law  concerning  contracts  with  teachers;  38^tPP<  AM 

Fifth,  To  employ  such  officers  and  servants  as  may  be  necessary 


36 


GENERAL  SCHOOL  LAWS. 


To  employ 
officers,  etc. 

Other  duties. 
See  Chap.  III. 

Consent  of  trus- 
tees necessary  to 
change  in  bound- 
aries  of  district. 


Such  districts 
not  restricted 
in  eize. 


for  the  management  of  the  schools  and  school  property,  and  prescribe 
their  duties  and  fix  their  compensation; 

Sixth,  To  perform  such  other  duties  as  are  required  of  district 
boards  in  other  school  districts. 

(§110.)  SEC.  4.  No  alteration  shall  be  made  in  the  boundaries  of 
any  graded  school  district,  without  the  consent  of  a  majority  of  the 
trustees  of  said  district,  which  consent  shall  be  spread  upon  the 
records  of  the  district,  and  placed  on  file  in  the  office  of  the  clerk  of 
the  board  of  school  inspectors  of  the  township  or  city  to  which  the 
reports  of  said  district  are  made;  and  graded  school  districts  shall 
not  be  restricted  to  nine  sections  of  land. 


CHAPTER  XL 


Township 
libraries  to  be 
maintained. 


Who  are  entitled 
to  privileges  of 
library. 


Proviso. 


Inspectors  to 
have  charge. 
See  App.  B., 
form  18. 
See  App.  A., 

irir  79-81. 


Inspectors 
accountable  for 
care,  etc.,  of 
library. 

Powers  of 
inspectors. 


See  App.  C. 


Where  library 
to  be  kept. 

Librarian. 


What  districts 
may  establish 
libraries. 


LIBRARIES. 

(§111.)  SECTION  1.  A  township  library  shall  be  maintained  in  each 
organized  township,  which  shall  be  the  property  of  the  township,  and 
shall  not  be  subject  to  sale*  or  alienation  from  any  cause  whatever. 
All  actions  relating  to  such  library,  or  for  the  recovery  of  any  pen- 
alties lawfully  established  in  relation  thereto,  shall  be  brought  in 
the  name  of  the  township. 

(§112.)  SEC.  2.  All  persons  who  are  residents  of  the  township  shall 
be  entitled  to  the  privileges  of  the  township  library,  subject  to  such 
rules  and  regulations  as  may  be  lawfully  established  in  relation 
thereto:  Provided,  That  persons  residing  within  the  boundaries  of 
any  school  district  in  which  a  district  library  has  been  established 
shall  be  entitled  to  the  privileges  of  such  district  library  only. 

(§113.)  SEC.  3.  The  township  board  of  school  inspectors  shall  have 
charge  of  the  township  library,  and  shall  apply  for  and  receive  from 
the  township  treasurer  all  moneys  appropriated  for  the  township 
library  of  their  township,  and  shall  purchase  the  books  and  procure 
the  necessary  appendages  for  such  library. 

(§114.)  SEC.  4.  Said  board  shall  be  held  accountable  for  the  proper 
care  and  preservation  of  the  township  library,  and  shall  have  power 
to  provide  for  the  safe  keeping  of  the  same,  to  prescribe  the  time  for 
taking  and  returning  books,  to  assess  and  collect  fines  and  penal- 
ties for  the  loss  or  injury  of  said  books,  and  to  establish  all  other 
needful  rules  and  regulations  for  the  management  of  the  library,  as 
said  board  shall  deem  proper,  or  the  superintendent  of  public  instruc- 
tion may  advise. 

(§115.)  SEC.  5.  The  board  of  school  inspectors  shall  cause  the 
township  library  to  be  kept  at  some  central  or  eligible  place  in  the 
township,  which  it  shall  determine;  and  such  board  shall  also  ap- 
point a  librarian,  to  have  the  care  and  superintendence  of  said 
library,  who  shall  be  responsible  to  the  board  of  school  inspectors 
for  the  impartial  enforcement  of  all  rules  and  regulations  lawfully 
established  in  relation  to  said  library. 

(§116.)  SEC.  6.  Any  school  district  having  a  school  census  of  not  less 
than  one  hundred  children,  by  a  two-thirds  vote,  at  any  annual  meet- 
ing, may  establisn  a  district  library,  and  such  district  shall  be  entitled 
to  its  just  proportion  of  books  from  the  library  of  any  township  in 


GENERAL    SCHOOL  LAWS.  37 

which  it  is  wholly  or  partly  situated,  to  be  added  to  the  district 
library,  and  also  to  its  equitable  share  of  any  library  moneys  remain- 
ing unexpended  in  any  such  township  or  townships  at  the  time  of 
the  establishment  of  such  district  library,  or  that  shall  thereafter 
be  raised  by  tax  in  such  township  or  townships,  or  that  shall  there- 
after be  apportioned  to  the  township  to  the  inspectors  of  which  the 
annual  report  of  its  director  is  made. 

(§117.)  SEC.  7.  The  district  board  of  any  school  district  in  which  a  District  board 
district  library  may  be  established  in  accordance  with  the  provisions  XawU Sbr2?.of 
of  this  act  shall  have  charge  of  such  library;  and  the  duties  and 
responsibilities  of  said  district  board  in  relation  to  the  district  libra- 
ry, and  all  moneys  raised  or  apportioned  for  its  support,  shall  be  the 
same  as  those  of  the  board  of  school  inspectors  are  to  the  township 
library. 

(§118.)  SEC.  8.  The  school  inspectors  shall  give  in  their  annual  inspectors  to 
report  to  the  superintendent  of  public  instruction,  such  facts  and  SsKcB^state 
statistics  relative  to  the  management  of  the  township  library  and  superintendent 
the  library  moneys,  as  the  superintendent  of  public  instruction  shall 
direct;  and  the  district  board  of  any  school  district  having  a  library, 
shall  cause  to  be  given  in  the  annual  report  of  the  director  to  the 
board  of  school  inspectors,  like  facts  and  statistics  relative  to  the 
district  library,  which   items  shall  also   be  included  by  the  said 
inspectors  in  their  annual  report. 

(§119.)  SEC.  9.  In  case  the  board  of  school  inspectors  of  any  town-  J^}"™*?  JJJ01^ 
ship,  or  the  district  board  of  any   school  district,  shall  fail  to  make  mone^ftoSuse 
the  report  required  by  the  preceding  section,  or  in  case  it  shall  appear  £o?ey"rethe°re- 
from  the  reports  so  made  that  any  township  or  school  district  has  after- 
failed  to  use  the  library  money  in  strict  accordance  with  the  provis- 
ions of  law,  such  township  or  district  shall  forfeit  its  share  of  the 
library  moneys  that  are  apportioned,  and  the  same  shall  be  appor- 
tioned to  the  several  other  townships  and  districts  in  the  county  as 
hereinafter  provided :    Provided,    That  in   townships  where   the 
boards  thereof  shall  determine  and  report  to  the  superintendent 
that  the  public  will  be  better  served  by  using  the  said  money  for 
general  school  purposes,  no  such  forfeiture  shall  occur. 

(§120.)  SEC.  10.  The  superintendent  of  public  instruction  shall  state  superin- 
annually  and  previous  to  the  tenth  day  of  May,  transmit  to  the  clerk  veidecoun°/cie"r 
of  each"  county  a  statement  of  the  townships  in  his  county  that  are  *"h  statement, 
entitled  to  receive  library  moneys,  giving  the  number  of  children  in 
each  of  such  townships  between  the  ages  of  five  and  twenty  years, 
as  shall  appear  from  the  reports  of  the  boards  of  school  inspectors 
for  the  school  year  last  ending;  said  clerk  shall  file  such  statement  1^™$*^® 
in  his  office,  and  shall  forthwith  furnish  a  copy  thereof  to  the  county  given  to  county 
treasurer.  treasurer- 

(§121.)  SEC.  11.  The  clear  proceeds  of  all  fines  for  any  breach  of  the  Apportionment 
penal  laws  of  this  State  and  for  penalties,  or  upon  any  recognizances  JeKnS0' 
in  criminal  proceedings,  and  all  equivalents  for  exemptions  [exemp- 
tion] from  military  duty  when  collected  in  any  county  and  paid  Se«App.A,ir8i. 
into  the  county  treasury,  together  with  all  moneys  heretofore  col- 
lected and  paid  into  said  treasury  on  account  of  such  fines  or 
equivalents,  and  not  already  appropriated  [apportioned],  shall  be 


38 


GENERAL   SCHOOL  LAWS. 


How  applied. 


Proviso. 


Voters  may  levy 
tax  for  support 
of  libraries. 


How  tax  to  be  re. 
ported,  assessed, 
and  collected. 


District  board 
may  give  or  sell 
books  to  town- 
ship  library. 


State  board  of 
education  to 
make  list  of 
books. 


To  contract  for 
same. 


State  superin- 
tendent to  fur- 
nish  list  to  offi- 
cers in  charge  of 
libraries. 


Proviso. 


apportioned  by  the  county  treasurer  before  the  first  day  of  June  in 
each  year,  among  the  several  townships  in  the  county,  according 
to  the  number  of  children  therein,  between  the  ages  of  five  and 
twenty  years,  as  shown  by  the  statement  of  the  superintendent  of 
public  instruction  provided  for  in  the  preceding  section,  which 
money  shall  be  exclusively  applied  to  the  support  of  the  township 
and  district  libraries,  and  to  no  other  purpose :  Provided,  That 
from  and  after  January  first,  one  thousand  eight  hundred  and 
eighty-two,  such  money  may  be  used  for  general  school  purposes 
in  any  township  wherein  the  township  board  thereof  shall  so  de- 
termine. 

(§122.)  SEC.  12.  The  qualified  voters  of  each  township  shall  have 
power,  at  any  annual  township  meeting,  to  vote  a  tax  for  the  support 
of  libraries  established  in  accordance  with  the  provisions  of  this  act, 
and  the  qualified  voters  of  any  school  district,  in  which  a  district 
library  shall  be  established,  shall  have  power,  at  any  annual  meeting 
of  such  district,  to  vote  a  district  tax  for  the  support  of  said  district 
library.  When  any  tax  authorized  by  this  section  shall  have  been 
voted,  it  shall  be  reported  to  the  supervisor,  levied,  and  collected  in 
the  same  manner  as  other  township  and  school  district  taxes. 

(§123,)  SEC.  J3.  The  district  board  of  any  school  district  may 
donate  or  sell  any  library  book  or  books  belonging  to  such  district 
to  the  board  of  school  inspectors  of  the  township  or  townships  in 
which  said  district  is  wholly  or  partly  situated,  which  book  or  books 
shall  thereafter  form  a  part  of  the  township  library. 

(§124.)  SEC.  14.  It  shall  be  the  duty  of  the  State  board  of  education 
to  make  a  list  of  books  that  are  not  sectarian  or  partisan  in  charac- 
ter, and  which  are  suitable  for  township  and  district  libraries,  which 
list  it  may  from  time  to  time  revise  and  amend ;  to  advertise  for 
proposals  for  furnishing  the  same,  and  to  contract  with  the  lowest 
responsible  bidder  to  furnish  such  books  to  the  townships  or  dis- 
tricts ordering  them,  in  suitable  binding  and  at  stipulated  prices; 
said  contract  to  be  made  biennially,  and  the  advertisements  for  pro- 
posals to  be  inserted  in  at  least  two  papers  of  the  largest  circulation 
in  the  State  for  one  month  before  making  the  contract.  Previous 
to  the  first  day  of  January  in  each  year,  the  superintendent  of  pub- 
lic instruction  shall  send  to  the  clerk  of  each  township  and  the 
director  of  each  district  having  a  district  library,  a  list  of  the  books 
contracted  for,  with  the  prices  of  the  same,  from  which  list  the 
township  board  of  school  inspectors,  or  district  board,  may  annually, 
or  oftener,  select  and  purchase  books  for  the  township  or  district 
libraries,  to  the  full  amount  of  library  moneys  in  their  hands:  Pro- 
vided, That  nothing  herein  contained  shall  prevent  any  board  of 
school  inspectors  or  district  board  from  purchasing  such  other  books 
not  of  a  sectarian  character  as  they  may  desire. 


Election  of  school 
examiners. 


CHAPTER  XII. 

EXAMINATION"   OP  TEACHERS   AND   SUPERVISION   OF   SCHOOLS. 

(§125.)  SECTION  1.  The  chairmen  cf  the  boards  of  school  inspect- 
ors of  the  several  townships  in  each  county  shall  meet  at  the  office 


GENERAL  SCHOOL  LAWS.  39 

of  the  county  clerk  of  their  county  on  the  first  Tuesday  of  August, 
in  the  year  eighteen  hundred  and  eighty-one,  and  elect  three  school 
examiners  for  the  county,  one  of  whom  shall  hold  his  office  for  one  Term  of  office. 
year,  one  for  two  years,  and  one  for  three  years;  and  annually  there- 
after, on  the  first  Tuesday  of  August,  said  chairman  [chairmen]  of 
the  several  boards  of  school  inspectors  in  each  county  shall  meet  as 
aforesaid,  and  elect  one  school  examiner,  who  shall  hold  his  office  for 
the  term  of  three  years,  or  until  his  successor  has  been  duly  elected 
and  qualified  :  Provided,  That  when  there  shall  have  been  no  pre-  Proviso. 
.vious  election  for  members  of  the  board  of  school  examiners  in 
any  county,  there  shall  be  three  such  officers  elected,  one  for  one 
year,  one  for  two  years,  and  one  for  three  years.    The  county  clerk          • 
shall  be  the  clerk  of  such  election  in  all  cases,  and,  in  case  of  a  tie,  Duties  of  county 
shall  give  the  easting  vote,  and  he  shall  preserve  a  record  of  such 
election  in  a  book  to  be  kept  for  that  purpose,  and  shall  immedi- 
ately after  such  election  notify  each  of  the  persons  so  elected  of  his 
election.     The  school  examiners  so  elected  shall,  within  ten  days 
after  receiving  notice  of  their  election,  take  and  subscribe  the  con-  ne 
stifcutional  oath  of  office,  the  same  to  be  filed  with  the  county  clerk, 
and  shall  enter  upon  the  duties  of  their  offices  the  fourth  Tuesday 
of  August  following  their  election. 


(§126.)  SEC.  2.  The  school  examiners  shall  meet  at  the  office  of  the        nre      i 


nre 
county  clerk  and  organize  as  a  board  on  the  fourth  Tuesday  of  An-  organize  as  a 

gust  of  each  year,  by  electing  one  of  their  number  to  serve  as  secretary  bL 
of  said  board  of  examiners,  who  shall  be  the  executive  officer  of  said 
board.    The  school  examiner,  other  than  the  secretary,  whose  term 
of  office  will  soonest  expire,  shall  be  the  chairman  of  said  board. 
(§127.)  SEC.  3.  The  board  of  school  examiners,  for  the  purpose 
examining  all  persons  who  may  offer  themselves  as  teachers  for  the 
public  schools,  shall  hold  two  regular  public  examinations  in  each  year 
at  the  county  seat,  which  examinations  shall  be  on  the  last  Friday  of 
March  and  October:   for  a  like  purpose,  said  board  shall  also  hold  special  exami- 
special  public  examinations,  not  exceeding  one  for  every  twenty-five 
school  districts  and  parts  of  that  number,  in  the  county,  during 
each  year,  at  such  other  times  and  places  as  said  board  may  deem 
proper:  Provided,  That  counties  having  less  than  sixty  school  dis-  Proviso. 
tricts  may  have  not  to  exceed  two  special  public  examinations  in 
addition  to  those  hereinbefore  provided.    It  shall  be  the  duty  of  the  schedule  to  be 
secretary  of  the  board  of  school  examiners  to  make  out  a  schedule  HShded*nd  pub 
of  the  times  and  places  of  holding  special  examinations,  and  to 
cause  it  to  be  published  in  one  or  more  newspapers  of  the  county 
during  the  year,  and  he  shall  send  a  copy  thereof  to  the  chairman 
of  each  township  board  of  school  inspectors  of  the  county,  at  least 
ten  days  previous  to  the  time  of  holding  any  special  examination. 

(§128.)  SEC.  4.  The  board  of  school  examiners  shall  grant  certificates  certificates,  to 
to  teachers  in  such  form  as  the  superintendent  of  public  instruction  w! 
shall  prescribe,  licensing  as  teachers  all  persons  whom  on  thorough 
and  full  examination  shall  be  found  qualified  in  respect  to  good 
moral  character,  learning  and  ability,  to   instruct   and  govern  a 
school  ;  but  no  certificate  shall  be  granted  to  any  person  who  shall 
not  pass  a  satisfactory  examination  in  orthography,  reading,  writ- 


40  GENERAL   SCHOOL  LAWS. 

ing,  grammar,-  geography,  arithmetic,  and  the  theory  and  art  of 
teaching,  and  after  the  year  eighteen  hundred  and  eighty-one,  history 
of  the  United  States  and  civil  government;  and  all  certificates  shall 
None  but  teach-  be  signed  by  the  secretary  and  chairman  of  said  board.    No  person 
SttflwtStobl  snatt  be  considered  a  qualified  teacher  within  the  meaning  of  the 
employed.         school  law,  nor  shall  any  school  officer  employ  or  contract  with  any 
person  to  teach  in  any  of  the  public  schools  who  has  not  a  certifi- 
cate in  force,  granted  by  the  board  of  school  examiners  of  the  county, 
Proviso.  or  other  lawful  authority :    Provided,  That  the  certificates  hereto- 

fore granted  by  the  township  superintendents  of  schools  shall  be  . 
valid  for  the  time  for  which  they  were  given,  unless  sooner  suspended 
Proviso.  or  revoked  by  the  board  of  school  examiners:  Provided)  also,  That 

the  several  chairmen  of  township  boards  of  school  inspectors  may 
examine  and  license  teachers  for  their  respective  townships  until 
the  county  school  examiners  are  duly  elected  and  qualified;  but  no 
certificate  hereafter  granted  by  a  chairman  of  a  township  board  of 
school  inspectors  shall  be  valid  beyond  three  months  after  the  board 
of  school  examiners  has  been  duly  elected,  qualified,  and  organized 
in  the  county. 

Grades  of  certifi.      (§129.)  SEC.  5.  There  shall  be  three  grades  of  certificates  granted 
by  the  board  of  school  examiners,  in  its  discretion,  and  subject  to 
such  rulesand  regulations  as  the  superintendent  of  public  instruc- 
tion may  prescribe,  which  grades  of  certificates  shall  be  as  follows : 
First  The  certificate  of  the  first  grade  shall  be  granted  only  to  those  who 

shall  have  taught  at  least  one  year  with  ability  and  success,  and  it 
shall  be  valid  throughout  the  county  in  and  for  which  it  shall  be 
Second.  given,  for  three  years.    The  certificate  of  the  second  grade  shall  be 

granted  only  to  those  who  shall  have  taught  at.least  six  months  with 
ability  and  success,  and  it  shall  be  valid  throughout  the  county  for 
Third.  which  it  shall  be  granted,  for  two  years.    The  certificate  of  the  third 

grade  shall  license  the  holder  thereof  to  teach  in  the  county  for  which 
Proviso-special  it  shall  be  granted,  for  one  year:    Provided,  That  the  secretary  of 
certificates.        ^e  board  of  school  examiners  shall  have  power,  upon  personal 
examination  satisfactory  to  himself,  and  subject  to  such  rules  and 
regulations  as  the  board  of  school  examiners  may  establish,  to  grant 
special  certificates,  which  shall  license  the  holder  thereof  to  teach 
Limit  of  special  in  a  specified  district  for  which  it  shall  be  granted;  but  such  certi- 
certificates.        ficate  shall  not  continue  in  force  beyond  the  time  of  the  next  public 
examination  by  the  board  of  school  examiners,  and  it  shall  not  in 
any  way  exempt  the  teacher  from  a  full  examination  before  said 
board ;  the  teacher  so  licensed  by  the  secretary  shall,  in  addition  to 
the  regular  institute  fee  required  by  law,  pay  to  the  secretary  a 
special  examination  fee,  not  to  exceed  one  dollar,  as  may  be  fixed 
by  the  board  of  school  examiners,  and  said  fee  shall  be  compensation 
in  full  to  the  secretary  for  his  services  in  holding  such  special 
examination. 

suspension  or         (§130.)  SEC.  6.  The  board  of  school  examiners  may  suspend  or 
cerS?at«Lof      ^voke  any  teacher's  certificate  for  any  reason  which  would  have 
justified  said  board  in  withholding  the  same  when  given — for  neg- 
lect of  duty,  for  incompetency  to  instruct  or  govern  a  school,  or 
for  immorality ;  and  said  board  may,  within  its  jurisdiction,  suspend, 


GENERAL   SCHOOL  LAWS.  41 


for  immorality  or  incompetency  to  instruct  and  govern  a  school,  the 
effect  of  any  teacher's  certificate  that  may  have  been  granted  by 
other  lawful  authority :  Provided,  That  no  certificate  shall  be  sus-  Proviso, 
pended  or  revoked  without  a  personal  hearing,  unless  the  holder 
thereof  shall,  after  reasonable  notice,  neglect  or  refuse  to  appear 
before  the  board  of  school  examiners  for  that  purpose. 

(§131.)  SEC.  7.  It  shall  be  the  duty  of  the  board  of  school  examiners  Examiners  a«d 
and  the  chairman  [chairmen]  of  the  board  [boards]  of  school  in-  STohJt  meet, 
spectors  of  the  several  townships  to  hold  each  year  a  joint  meeting  at  iQgs  yearly, 
the  county  seat  at  the  time  of  and  immediately  after  the  annual  elec- 
tion of  school  examiners,  for  the  purpose  of  consulting  and  advising 
with  reference  to  the  more  efficient  supervision  of  the  schools  and 
teachers  under  their  charge.    The  chairman  of  the  board  of  school 
examiners  shall  preside  at  such  joint  meeting,  and  the  secretary 
of  the  board  of  school  examiners  shall  be  secretary  of  such  meeting. 

(§  132.)  SEC.  8.  Special  meetings  of  the  board  of  school  examiners  special  meetings 
may  be  called  by  the  secretary  of  said  board,  as  hereinafter  provided, 
and  at  any  meeting  of  the  board  of  school  examiners  any  two  mem- 
bers thereof  may  transact  any  business  that  may  lawfully  come 
before  such  meeting.  In  case  the  secretary  be  not  present  at  any 
meeting  of  the  board,  the  examiner,  acting  as  secretary,  shall  certify 
to  the  secretary  a  correct  record  of  the  proceedings,  and  the  result 
of  examinations  at  such  meeting. 

(§  133.)  SEC.  9.  It  shall  be  the  duty  of  the  secretary  of  the  board 
of  school  examiners : 

First,  Immediately  upon  his  election  as  secretary  to  send  notice  TO  send  notice 

,  .     J  ,.1,1       of  his  election  to 

thereof  to  the  superintendent  of  public  instruction,  and  to   the  certain  officers, 
chairman  of  each  township  board  of  school  inspectors  of  the  county ; 

Second,  To  be  present  at  all  meetings  of  the  board,  and  to  keep  of°b^*S records 
a  record  of  all  proceedings  of  the  board ; 

Third,  To  keep  a  record  of  all  examinations  held  by  the  board, 
and  to  sign  all  certificates  and  other  papers  and  reports  issued  by 
said  board; 

Fourth,  To  act  as  treasurer  of  the  board  for  the  purpose  of  col- 
lecting  the  institute  fees  provided  by  law,  and  paying  the  same  to  see§  154. 
the  county  treasurer ; 

Fifth,  To  keep  a  record  of  all  certificates  granted,  suspended,  or 
revoked  by  the  board,  showing  to  whom  issued,  together  with  the 
date,  grade,  and  duration  of  each  certificate,  and  if  suspended  or 
revoked,  the  date  and  reason  therefor; 

Sixth,  To  furnish,  previous  to  the  first  Monday  in  September  in  TO  send  to 

i  ..,        >•,.         -i      -i        /.  -i,  i  •       •       ,  i  township  clerks 

each  year,  to  the  township  clerk  of  each  township  in  the  county,  a  lists  of  qualified 
list  of  all  persons  legally  authorized  to  teach  in  the  county  at  large, teachers- 
and  in  such  township,  with  the  date  and  term  of  each  certificate, 
and  if  any  have  been  suspended  or  revoked,  the  date  of  such  sus- 
pension or  revocation ; 

Seventh,  To  visit  any  school  in  the  county  and  examine  into  its  TO  visit  schools 
condition  whenever  he  shall  receive  notice  from  the  chairman  of m 
the  board  of  school  inspectors  of  the  township  in  which  such  school 
is  being  taught,  that  said  school  is  not  successfully  and  profitably 
conducted  and  report  the  result  of  his  investigation  to  the  board  of 


GENERAL  SCHOOL  LAWS. 


May  call  special 
meetings  of 
board. 


To  be  subject  to 
instructions  of 
State  superin- 
tendent. 


To  make  annual 
reports. 


Other  duties. 


Duties  of  school 
inspector. 

To  visit  schools. 


To  advise  with 
teachers  and 
district  boards. 


To  note  condition 
of  school-houses, 
etc. 


To  promote  the 
improvement  of 
the  schools. 


To  notify  secre- 
tary of  unprofit- 
able schools. 


To  make  reports 
required. 


Other  duties. 


Compensation  of 
examiners. 

Proviso. 


Proviso — com- 
pensation of 
secretary. 


school  examiners.  If,  after  such  investigation,  he  deems  the  teacher 
of  such  school  incompetent  in  any  respect,  he  may  call  a  special 
meeting  of  the  board  of  school  examiners  for  the  purpose  of  sus- 
pending or  revoking  the  certificate  of  said  teacher,  and  cite  said 
teacher  to  appear  before  such  meeting; 

Eighth,  To  be  subject  to  such  instructions  and  rules  as  the 
superintendent  of  public  instruction  may  prescribe;  to  receive  all 
blanks  and  communications  that  may  be  sent  to  him  by  the  superin- 
tendent of  public  instruction,  and  to  dispose  of  the  same  as  directed 
by  the  said  superintendent;  and  to  make  annual  reports  at  the 
close  of  the  school  year  to  the  superintendent  of  public  instruction, 
of  the  official  labor  performed  by  the  board  of  school  examiners, 
and  of  the  general  condition  and  management  of  the  schools  of  the 
county,  together  with  such  other  information  as  may  be  required 
of  him; 

Ninth,  To  perform  such  other  duties  as  may  be  required  of  him 
by  law,  or  the  board  of  school  examiners;,  and  to  deliver  all  records, 
books,  and  papers  belonging  to  his  office  to  his  successor. 

(§134.)  SEC.  10.  It  shall  be  the  duty  of  the  chairman  of  the 
board  of  school  inspectors  of  each  township  : 

First,  To  visit  each  of  the  schools  in  his  township,  at  least  once 
each  term,  and  to  examine  carefully  the  discipline,  the  mode  of 
instruction,  and  the  progress  and  proficiency  of  the  pupils; 

Second,  To  counsel  with  the  teachers  and  district  boards  as  to- 
the  courses  of  study  to  be  pursued,  and  as  to  any  improvement  in 
discipline  and  instruction  in  the  schools; 

Third,  To  note  the  condition  of  the  school-houses  and  the 
appurtenances  thereto,  and  to  suggest  plans  for  new  houses  to  be 
erected,  and  for  warming  and  ventilating  the  same,  and  for  the  gen- 
eral improvement  of  school-houses  and  grounds; 

Fourth,  To  promote  by  such  means  as  he  may  devise,'  subject  to 
the  advice  of  the  board  of  school  examiners,  the  improvement  of 
the  schools  in  his  township,  and  the  elevation  of  the  character  and 
qualifications  of  the  teachers  and  officers  thereof; 

Fifth,  To  notify  the  secretary  of  the  board  of  school  examiners 
of  any  school  within  his  township  that  is  not  being  conducted  in  a 
successful  and  profitable  manner; 

Sixth,  To  make  such  reports  of  his  official  labors,  and  the  condi- 
tion of  the  schools,  as  the  superintendent  of  public  instruction  may 
direct,  or  the  board  of  school  examiners  request; 

Seventh,  To  perform  such  other  duties  as  may  be  required  of  him 
by  law,  or  that  the  superintendent  of  public  instruction  may  direct. 

(§135.)  SEC.  11.  Each  member  of  the  board  of  school  examiners 
shall  receive  four  dollars  for  each  day  actually  employed  in  the  du- 
ties of  his  office :  Provided,  That  the  number  of  days  in  any  one  year 
shall  not  exceed  the  number  of  special  public  examinations  appoint- 
ed by  the  board  and  ten  days  for  attendance  upon  the  regular  public 
examinations  and  other  meetings  of  the  board,  as  authorized  by  this 
act:  Provided,  also,  That  the  secretary  of  the  board  of  school  ex- 
aminers shall  receive  two  dollars  for  each  school  district  in  the 
county,  which  shall  be  payment  in  full  for  all  services  and  expenses 


GENERAL  SCHOOL  LAWS.  43 

in  the  performance  of  his  duties  as  such  secretary.     The  compensa- 
tion of  each  member  of  the  board  of  school  examiners  shall  be  paid  HOW  paid, 
quarterly  from  the  county  treasury,  upon  such  member  filing  with 
the  county  clerk  a  sworn  statement  of  his  account,  signed  by  the 
chairman  and  secretary  of  the  board  of  school  examiners,  and  obtain- 
ing an  order  from  the  county  clerk  upon  the  county  treasurer  for 
the  amount  of  such  account.    The  compensation  of  the  several  chair-  compensation  of 
man  [chairmen]  of  the  township  boards  of  school  inspectors,  when 
in  attendance  at  the  annual  joint  meeting  with  the  board  of  school  ors< 
examiners,  shall  be  three  dollars  per  day,  and  when  visiting  schools 
in  his  township,  as  provided  in  this  act,  two  dollars  per  day,  the 
same  to  be  audited  by  the  township  boards  of  their  respective  town-  HOW  paid, 
ships,  and  paid  as  other  expenses  of  townships. 

(§136.)  SEC.  12.  Any  member  of  a  board  of  school  examiners  may  Removal  of 
be  removed  from  office  by  the  judge  of  probate  of  the  county  for  im-  oS.ine' 
morality,  incompetency,  or  neglect  of  duty;  but  no  member  of  such 
board  of  school  examiners  shall  be  removed  from  office  without  an 
opportunity  to  answer  to  the  charges  made  against  him,  and  all 
such  charges  shall  be  made  in  writing.    Whenever,  by  death,  resig-  vacancy,  how 
nation,  removal,  or  otherwise,  a  vacancy  shall  occur  in  the  board  of  fil 
school  examiners  of  any  county,  the  judge  of  probate  of  such  county 
shall  have  power  to  fill  such  vacancy  for  the  unexpired  portion  of 
the  term. 

(§137.)  SEC.  13.  All  schools  which    by  special   enactment  may  what  schools 
have  a  district  board  authorized  to  inspect  and  grant  certificates 
to  the  teachers  employed  by  the  same,  shall  be  exempt  from  the  chaPter- 
provisions  of  this  act  as  to  the  inspection  of  teachers.    The  officers  officers  in 
of  every  school  district  which  is  or  shall  hereafter  be  organized  in 
whole  or  in  part  in  any  incorporated  city  in  this  State,  where  no  ers- 
special  enactments  shall  exist  in  regard  to  the  inspection  of  teach- 
ers, shall  have  power  to  inspect  and  license,  or  cause  to  be  inspected 
and  licensed,  teachers  for  such  district,  and  such  license  shall  be 
valid  not  to  exceed  three  years. 

CHAPTEE  XIII. 

PENALTIES  AJND  LIABILITIES. 

(§138.)  SECTION  1.  Any  taxable  inhabitant  of  a  newly  formed  penalty  on 
district  receiving  the  notice  of  the  first  meeting,  who  shall  neglect 
or  refuse  duly  to  serve  and  return  >such  notice,  and  every  chairman 
of  the  first  district  meeting  in  any  district,  who  shall  willfully 
neglect  or  refuse  to  perform  the  duties  enjoined  on  him  in  this  act 
shall  respectively  forfeit  the  sum  of  five  dollars. 

(§139.)  SEC.  2.  Any  person  duly  elected  to  the  office  of  moderator,  Penalty  on  dia- 
director,  assessor,  or  trustee  of  a  school  district,  who  shall  neglect  n"gie°c«ngro?r 
or  refuse,  without  sufficient  cause,  to  accept  such  office  and  serve  fomdutSj?61" 
therein,  or  who,  having  entered  upon  the  duties  of  his  office,  shall 
neglect  or  refuse  to  perform  any  duty  required  of  him  by  virtue  of 
his  office,  shall  forfeit  the  sum  of  ten  dollars. 

(§140.)  SEC.  3.    Any  person  duly  elected  or  appointed  a  school  Penalty  on  m- 

,  t  i      i  -i  i       j  o  •  L-I  at    •       *  L      spector  for  neg- 

inspector,  who  shall  neglect  or  refuse,  without  sufficient  cause,  to  iect  or  refusal. 


44  GENERAL   SCHOOL  LAWS. 

qualify  and  serve  as  such,  or  who,  having  entered  upon  the  duties 

of  his  office,  shall  neglect  or  refuse  to  perform  any  duty  required 

of  him  by  virtue  of  his  office,  shall  forfeit  the  sum  of  ten  dollars. 

Liability  of  (§141.)  SEC.  4.  If  any  board  of  school  inspectors  shall  neglect  or 

n?gie?tingfto      refuse  to  make  and  deliver  to  the  township  clerk  their  annual  report 

report.  as  required  by  this  act,  within  the  time  limited  therefor,  they  shall 

be  liable  to  pay  the  full  amount  of  money  lost  by  their  failure,  with 

interest  thereon,  to  be  recovered  by  the  township  treasurer  in  the 

name  of  the  township,  in  an  action  of  debt,  or  on  the  case;   and  if 

Liability  of        any  township  clerk,  shall  neglect  or  refuse  to  transmit  the  report 

township  clerk.  herejn  mentioned  within  the  time  limited  therefor,  Le  shall  be  liable 

to  pay  the  full  amount  lost  by  such  neglect  or  refusal,  with  interest 

thereon,  to  be  recovered  in  an  action  of  debt,  or  on  the  case. 

Liability  of  (§142.)  SEC.  5.  Any  county  clerk  who  shall  neglect  or  refuse  to 

negie?ttoertofns-  transmit  to  the  superintendent  of  public  instruction  the  reports 

mit  reports.        required  by  this  act,  within  the  time  therefor  limited,  shall  be  liable 

to  pay  to  each  township  the  full  amount  which  such  township,  or 

any  school  district  therein,  shall  lose  by  such  neglect  or  refusal,  with 

interest  thereon,  to  be  recovered  in  an  action  of  debt,  or  on  the  case. 

Howmoneya          (§143.)  SEC.  6.  All  the  moneys  collected  or  received  by  any  town- 

ac«raiS>f  neg.    ship  treasurer  under  the  provisions  of  either  of  the  two  last  pre- 

lect  disposed  of.   ce(Jing  sections,  shall  be  apportioned  and  distributed  to  the  school 

districts  entitled  thereto,  in  the  same   manner  and  in  the  same 

proportion  that  the  moneys  lost  by  any  neglect  or  refusal  therein 

mentioned  would,  according  to  the  provisions  of  this  act,  have  been 

apportioned  and  distributed. 

Liability  of  (§144.)  SEC.  7.  Any  township  clerk  who  shall  neglect  or  refuse  to 

certify  to  the  supervisor  any  school  district  taxes  that  have  been 
^ported  to  him  as  required  by  this  act,  and  any  supervisor  willfully 
neglecting  to  assess  any  such  tax  shall   be  liable  to  any  district 
for  any  damage  occasioned  thereby,  to  be  recovered  by  the  assessor 
in  the  name  of  the  district,  in  an  action  of  debt,  or  on  the  case, 
when  township       (§145.)    SEC.  8.   The  township  board  of  each  township,  and  in 
oerta1n°offiSw.e  tne  case  of  fractional  school  districts,  the  township  board  of  the 
township  in  which  the  district  school-house  thereof  is  situated, 
seeApp,A.,       shall  have  power  and  is  hereby  required  to  remove  from  office, 
upon  satisfactory  proof,  after  at  least  five  days'   notice   to  the 
party  implicated,  any  district  officer  or  school  inspector  who  shall 
have  illegally  used  or    disposed  of   any  of   the  public  moneys 
entrusted   to  his  charge,  or  who  shall   persistently  and  without 
Township  clerk   sufficient  cause  refuse  or  neglect  to  discharge  any  of  the  duties 
forrreecmovai.der    of  his  office.    And  in  case  of  such  removal  it  shall  be  the  duty 
of  the  township  clerk  of  such  township  to  enter  in  the  records 
of  such  township  the  resolution  or  order  of  such  board,  for  such 
removal ;  and  such  record  of  such  resolution  or  order  so  entered, 
or  a  certified  copy  thereof,  shall  be  prima  facie  evidence  in  all 
Party  removed    courts  and  places  of  the  jurisdiction  of  such  board  and  of  the 
prXeSSgVfor    regularity  of  the  proceedings  for  such  removal,  and  (unless  the 
removal  of  order  party  so  removed  stiall,  within  thirty  days  after  such  removal,  insti- 
boa?d.ns  tute  proceedings  before  a  court  of  competent  jurisdiction  for  the 

removal  of  such  order  for  removal,  or  if  after  such  thirty  days  such 


GENERAL   SCHOOL  LAWS.  45 

proceedings  to  obtain  such  removal  shall  be  discontinued  or  dis- 
missed) shall  be  conclusive  evidence  of  jurisdiction  and  regularity, 
if  it  shall  appear  that  the  party  so  removed  had  five  days'  notice  of 
the  time  and  place  fixed  by  said  board  for  the  hearing  of  the  case  as 
aforesaid. 

(§146.)  SEC.  9.  No  school  officer,  superintendent,  or  teacher  of  school  officers 
schools,  shall  act  as  agent  for  any  author,  publisher,  or  seller  of  a" ac^fschooT* 
school  books,  or  shall  directly  or  indirectly  receive  any  gift  or book  agents,  etc. 
reward  for  his  influence  in  recommending  the  purchase  or  use  of  school  officers 
any  library  or  school  book  or  school  apparatus,  or  furniture  what-  "sfedin contracts 
ever,  nor  shall  any  school  officer  be  personally  interested  in  any  in  certain cases- 
way  whatever  in  any  contract  with  the  district  in  which  he  may 
hold  office.    Any  act  or  neglect  herein  prohibited,  performed  by  such  acts  deemed 
any  such  officer,  superintendent,  or  teacher,  shall   be  deemed  a  misdemeanors* 
misdemeanor. 

(§147.)  SEC.  10.  All  provisions  of  this  act  shall  apply  and  be  in  where  this  act 
force  in  every  school  district,  township,  city  and  village  in  this  shallapply* 
State,  except  such  as  may  be  inconsistent  with  the  direct  provisions 
of  some  special  enactment  of  the  legislature. 

(§148.)  SEC.  11.  Chapters  numbered  one  hundred  and  thirty-one,  chapters  and 
one  hundred  and  thirty-six,  one  hundred  and  thirty-seven,  and  one  acts  ^P6*16^ 
hundred  and  thirty-eight  of  the  compiled  laws  of  eighteen  hundred 
.and  seventy-one,  and  act  numbered  forty -two  of  the  session  laws  of 
•eighteen  hundred  and  seventy-five,  and  all  acts  and  parts  of  acts 
amendatory  of  said  chapters  and  said  act,  being  acts  numbered  forty- 
one,  forty-two,  fifty-six,  and  sixty- three  of  the  session  laws  of  eight- 
een hundred  and  seventy-two,  acts  numbered  forty-four,  sixty- 
nine,  seventy-one,  seventy-six,  ninety-eight,  one  hundred  and  nine- 
teen, one  hundred  and  thirty-two,  one  hundred  and  sixty-four,  and 
one  hundred  and  ninety-three  of  the  session  laws  of  eighteen 
hundred  and  seventy- three,  acts  numbered  thirty-six,  fifty-one, 
•eighty-four,  ninety-four,  one  hundred  and  six,  one  hundred  and 
sixty-seven,  one  hundred  and  eighty-three,  and  two  hundred  and 
thirty  of  the  session  laws  of  eighteen  hundred  and  seventy-five,  acts 
numbered  seventy-seven  and  one  hundred  and  seventy-three  of  the 
session  laws  of  eighteen  hundred  and  seventy-seven,  acts  numbered 
forty-four,  forty-six,  one  hundred  and  fifty-nine,  one  hundred  and 
sixty-four,  two  hundred  and  fifty-four,  two  hundred  and  fifty-five, 
and  two  hundred  and  sixty-four  of  the  session  laws  of  eighteen 
hundred  and  seventy-nine,  and  all  other  acts  and  parts  of  acts  con- 
travening the  provisions  of  this  act  are  hereby  fully  repealed. 

CHAPTER  XIV. 

Act  No.  158,  Laws  of  1881. 
ELECTION  OF  SCHOOL  ItfSPECTOKS. 

(§  149.)  SECTION  1.  The  People  of  the  State  of  Michigan  enact,  sections 
'That  sections  eight  and  fourteen  of  chapter  twelve,  of  the  compiled  amended* 
laws  of  eighteen  hundred  and  seventy-one,  as  amended  by  act  num- 
ber forty-two  of  the  session  laws  of  eighteen  hundred  and  seventy- 


GENERAL  SCHOOL  LAWS. 


five,  are  hereby  amended,  and  section  thirteen  of  the  same  chapter, 
repealed  by  said  act,  is  hereby  restored  and  amended,  and  section 
one  hundred  and  three  of  the  same  chapter,  as  amended  by  act 
number  one  hundred  and  ninety-nine  of  the  session  laws  of  eighteen 
hundred  and  seventy-nine,  is  hereby  amended,  all  of  said  sections 
to  read  as  follows : 

Annual  meeting.  (§150.)  SEC.  8.  The  annual  meeting  of  each  township  shall  be 
held  on  the  first  Monday  in  April,  in  each  year,  and  at  such  meet- 
ing there  shall  be  an  election  for  the  following  officers:  one  super- 
visor, one  township  clerk,  one  treasurer,  one  school  inspector,  one 
commissioner  of  highways,  so  many  justices  of  the  peace  as  there 
are  by  law  to  be  elected  in  the  township,  and  so  many  constables  as 
shall  be  ordered  by  the  meeting,  not  exceeding  four  in  number. 

(§  151.)  SEC.  13.  Each  school  inspector  elected  as  aforesaid  shall 
hold  his  office  for  two  years  from  that  time  and  until  his  successor 
shall  be  elected  and  duly  qualified,  except  when  elected  or  appointed 
to  fill  a  vacancy,  in  which  case  he  shall  hold  the  office  during  the 
uuexpired  portion  of  the  regular  term:  Provided,  That  in  the  year 
eighteen  hundred  and  eighty-two  one  additional  school  inspector 
in  each  township  shall  be  elected  for  the  term  of  one  year:  Provided 
further.  That  the  township  superintendent  of  schools  and  school 
inspectors  now  in  office  shall  continue  to  act  as  school  inspectors, 
and  said  superintendent  of  schools  shall  continue  to  act  as  chair- 
man of  the  board  of  school  inspectors  until  the  school  inspectors 
provided  for  by  this  act  shall  have  been  elected  and  duly  qualified 
and  shall  enter  upon  the  duties  of  their  respective  offices. 

(§  152.)  SEC.  14.  Each  of  the  officers  elected  at  such  meetings, 
except  justices  of  the  peace  and  school  inspectors,  shall  hold  his 
office  for  the  term  of  one  year,  and  until  his  successor  shall  be 
elected  and  duly  qualified. 

(§  153.)  SEC.  103.  No  person,  except  an  elector,  as  aforesaid, 
shall  be  eligible  to  any  elective  office  contemplated  in  this  chapter: 
Provided,  however,  That  any  female  person  of  or  above  the  age  of 
twenty-one  years,  who  has  resided  in  this  State  three  months  and 
in  the  township  ten  days  next  preceding  any  election,  shall  be 
eligible  to  the  office  of  school  inspector. 


Officers  to  be 
elected. 


Term  of  office  of 
school  inspect, 
ors. 


Vacancy. 
Proviso. 


Proviso. 


Term  of  office. 


Who  eligible  to 
office. 


Proviso. 


Examining 
officers  to  col* 
lect  fees  from 
teachers. 


Proviso. 


CHAPTER  XV. 

Act  No.  53,  Laws  of  1877. 
TEACHEKS'   INSTITUTES. 

(§154.)  SECTION  1.  The  People  of  the  State  of  Michigan  enact, 
That  all  school  boards  or  officers,  authorized  by  law  to  examine  ap- 
plicants for  license  to  teach,  or  to  give  certificates  of  qualification 
to  teachers,  shall  collect  from  each  male  applicant  receiving  a  cer- 
tificate, a  fee  of  one  dollar,  and  from  each  female  applicant  receiv- 
ing a  certificate,  a  fee  of  fifty  cents,  to  be  used  as  hereinafter  pro- 
vided :  Provided,  That  no  teacher  shall  be  required  to  pay  said  fee 
more  than  once  in  any  school  year. 

(§155.)  SEC.  2.  All  such  fees  received  by  the  examiner  shall  be 


GENERAL  SCHOOL  LAWS.  47 

paid  over  to  the  county  treasurer  of  the  county  in  which  they  are  Fees  to  be  paid 

collected,  on  or  before  the  first  day  of  January,  April,  July,  and 

October,  in  each  year,  accompanied  by  a  list  of  those  persons  to 

whom  certificates  have  been  granted;  and  all  moneys  so  paid  over 

to  the  county  treasurers  shall  be  set  apart  as  a  fund,  to  be  known  Feessopaid  to 

as  an  institute  fund,  for  the  support  of  teachers'  institutes,  as  here-  Sll 

inafter  provided. 

(§156.)  SEC.  3.  The  superintendent  of  public  instruction  shall  an-  Annual  county 
nually  appoint  a  time  and  place  in  each  organized  county  for  hold-  institute- 
ing   a   teachers'   institute,   make   suitable   arrangements  therefor, 
and  give  due  notice  thereof:    Provided,  That  in  organized  counties  Proviso, 
having  less  than  one  thousand  children  between  the  ages  of  five  and 
twenty  years,  the  holding  of  such  institute  shall  be  optional  with 
the  said  superintendent,  unless  requested  to  hold  such  institute  by 
fifteen  teachers  of  the  county  in  which  such  institute  is  to  be  held: 
Provided,  however,  That  if  there  shall  not  be  a  sufficient  number  Proviso, 
of  teachers  in  any  county  to  make  such  request,  then  teachers  of 
adjoining  counties  who  desire  to  attend  such  institute  may  unite 
in  the  required  application  to  said  superintendent :     Provided,  also,  Proviso. 
That  the  said  superintendent  may,  in  his  discretion,  hold  an  insti- 
tute for  the  benefit  of  two  or  more  adjoining  counties,  and  draw  the 
institute  fund  from  each  of  the  counties  thus  benefited,  as  herein- 
after provided.1 

(§157.)  SEC.  4.  Said  superintendent,  in  case  of  inability  person- conductor  of 
ally  to  conduct  any  institute,  or  to  make  the  necessary  arrangements  appointed?*7  b< 
for  holding  the  same,  is  authorized  to  appoint  some  suitable  person 
for  that  purpose. 

(§158.)  SEC.  5.  For  the  purpose  of  defraying  the  expenses  of  Expenses  of  in- 
rooms,  fires,  lights,  or  other  necessary  charges,  and  for  procuring  8tltute»howPaid. 
teachers  and  lecturers,  the  said  superintendent,  or  the  person  duly 
authorized  by  him  to  conduct  said  institute,  may  demand  of  the 
county  clerk  of  each  county  for  the  benefit  of  which  the  institute 
is  held,  who  shall  thereupon  draw  an  order  on  the  county  treasurer 
of  his  county  for  such  sum,  not  exceeding  the  amount  of  the  insti- 
tute fund  in  the  county  treasury,  as  may  be  necessary  to  defray  the 
expenses  of  said  institute;  and  the  treasurer  of  said  county  is  here- 
by required  to  pay  over  to  said  Superintendent  or  duly  appointed 
institute  conductor,  from  the  institute  fund  in  his  hands,  the 
amount  of  said  order.1 

(§159.)  SEC.  6.  In  case  the  institute  fund  in  any  county  shall  be  May  draw  on 
insufficient  to  defray  the  necessary  expenses  of  any  institute  held 
under  the  provisions  of  this  act,  the  auditor  general  shall,  upon 
the  certificate  of  the  superintendent  that  he  has  made  arrangements 
for  holding  such  institute,  and  that  the  county  institute  fund  is 
insufficient  to  meet  the  expenses  thereof,  draw  his  warrant  upon 
the  state  treasurer  for  such  additional  sum  as  said  superintendent 
shall  deem  necessary  for  conducting  such  institute;  which  sum 
shall  not  exceed  sixty  dollars  for  each  institute  of  five  days'  dura- 
tion, and  shall  be  paid  out  of  the  general  fund. 

IAS  amended  by  Act  No.  68,  Laws  of  1379. 


48 


GENERAL  SCHOOL  LAWS. 


Yearly  State 
institute. 

Expenses  to  be 
paid  from  State 
treasury. 


Proviso. 


Vouchers  for 
payments. 


Acts  repealed. 


(§160.)  SEC.  7.  The  superintendent  is  authorized  to  hold,  once  in 
each  year,  an  institute  for  the  State  at  large,  to  be  denominated  a 
State  institute;  and  for  the  purpose  of  defraying  the  necessary 
expenses  of  such  institute,  the  auditor  general  shall,  on  the  certifi- 
cate of  said  superintendent  that  he  has  made  arrangements  for 
holding  such  institute,  draw  his  warrant  upon  the  state  treasurer 
for  such  sum  as  said  superintendent  shall  deem  necessary  for  con- 
ducting such  institute,  which  sum  shall  not  exceed  four  hundred 
dollars,  and  shall  be  paid  out  of  the  general  fund:  Provided,  That 
not  more  than  eighteen  hundred  dollars  shall  be  drawn  from  the 
treasury,  or  any  greater  liability  incurred  in  any  one  year,  to  meet 
the  provisions  of  this  act. 

(§161.)  SEC.  8.  The  superintendent  of  public  instruction,  or  the 
conductor  of  the  institute  by  him  appointed,  drawing  money  from 
the  county  treasurer,  under  section  five  of  this  act  shall  at  the 
close  of  each  institute,  furnish  to  the  county  treasurer,  vouchers 
for  all  payments  from  the  same  in  accordance  with  this  act,  and 
he  shall  return  to  the  county  treasurer,  whatever  of  the  amount 
that  may  remain  unexpended,  to  be  replaced  in  the  institute  fund. 

(§162!)  SEC.  9.  An  act  entitled  "An  act  to  establish  teachers' 
institutes,"  approved  February  tenth,  eighteen  hundred  and  fifty- 
five,  as  amended  by  act  two  hundred  and  thirty-nine,  session  laws 
of  eighteen  hundred  and  sixty-one,  being  compiler's  sections  three 
thousand  seven  hundred  and  eighty-nine,  three  thousand  seven 
hundred  and  ninety,  and  .three  thousand  seven  hundred  and  ninety- 
one  of  the  compiled  laws  of  eighteen  hundred  and  seventy  one,  are 
hereby  repealed. 


ates. 


CHAPTER  XVI. 

Act  No.  104,  Laws  of  1857. 
NORMAL  SCHOOL  DIPLOMAS  AND  CERTIFICATES. 

Diplomas  may  be  (§163.)  SECTION  1.  The  State  board  of  education  is  authorized 
ranted  gradu.  to  grant  to  such  students  as  shall  have  completed  the  full  course 
of  instruction  in  the  State  normal  school,  and  shall  have  been 
recommended  by  the  board  of  instruction,  a  diploma,  which,  when 
signed  by  the  members  of  the  board  of  education  and  by  the  board 
of  instruction,  shall  be  evidence  that  the  person  to  whom  such 
diploma  is  granted  is  a  graduate  of  the  State  normal  school,  and 
entitled  to  all  the  honors  and  privileges  belonging  to  such  grad- 
uates.1 

(§164.)  SEC.  2.  The  board  of  instruction  of  the  State  normal 
school  shall  give  to  every  graduate  receiving  such  diploma  a  certifi- 
cate, which  shall  serve  as  a  legal  certificate  of  qualification  to  teach 
in  any  of  the  scnools  of  this  State,  when  a  copy  thereof  shall  have 
been  filed  or  recorded  in  the  office  of  the  legal  examining  officer  or 
officers  of  the  county,  township,  city,  or  district.  Such  certificate 
sha11  not  be  liable  to  be  annulled  except  by  the  board  of  instruc- 

» As  amended  by  Act  No.  105,  Laws' of  1863. 


Certificates  to 
graduates. 


GENERAL  SCHOOL  LAWS.  49 

tion  of  the  State  normal  school,  but  its  effect  may  be  suspended  in 
any  county,  township,  city,  or  district,  and  the  holder  thereof  may 
be  stricken  from  the  list  of  qualified  teachers  in  such  county,  town- 
ship, city,  or  district,  by  the  legal  examining  officer  or  officers  of 
the  said  county,  township,  city,  or  district,  for  any  cause  and  in  the 
same  manner  that  such  examining  officer  or  officers  may  be  by  law  Duration  of 
authorized  to  revoke  certificates  given  by  himself  or  themselves,  BU8Pension' 
and  such  suspension  shall  continue  in  force  until  revoked  by  the 
authority  suspending  it.1 

CHAPTER  XVII. 

Act  No.  231,  Laws  of  1879. 
STATE  CERTIFICATES  TO  TEACHERS  AND  EXAMINATION  QUESTIONS. 

(§165.)  SECTION  1.   The  People  of  the  State  of  Michigan  enact,  state  board  of 
That  the  State  board  of  education  shall  hold  stated  meetings  at  JJSUXiSSU 
which  they  shall  examine  and  may  grant  State  certificates  of  quali-  to  teachers, 
fication  to  such  teachers  as  may  upon  a  thorough  and  critical 
examination  be  found  to  possess  eminent  scholarship  and  profes- 
sional ability,  and  shall  furnish  satisfactory  evidence  of  good  moral 
character.    Said  certificate  shall  be  signed  by  the  president  and  the  such  certificates 
secretary  of  the  board  and  impressed  with  the  seal  thereof;   and 
shall  entitle  the  holder  to  teach  in  any  of  the  schools  of  the  State 
without  further  examination,  and  shall  be  valid  for  the  term  of  ten 
years  unless  revoked  by  said  board.     Each  applicant  for  examina-  Examination  fee. 
tion  shall,  on  making  application,  pay  to  the  secretary  of  the  board 
five  dollars  as  an  examination  fee. 

(§166.)  SEC.  2.  Said  board  shall  prepare  questions  suitable  for  Examination 
the  examination  of  teachers  for  the  various  grades  of  certificates 
provided  by  law  to  be  given  to  teachers  of  the  State,  and  the  super- 
intendent  of  public  instruction  shall  furnish  these  questions  to  offi- 
cers authorized  by  law  to  examine  teachers. 

(§167.)  SEC.  3.  The  members  of  said  board  shall  be  entitled  to  Compensation  to 
receive  for  their  services  while  actually  engaged  in  the  duties  of  bTa^oFeduca1-46 
their  office,  as  provided  in  sections  one  and  two  of  this  act,  three  tion- 
dollars  per  day  and  necessary  traveling  expenses  while  so  engaged, 
which  amount  shall  be  certified  by  the  board  to  the  board  of  State 
auditors, /who  shall  draw  a  warrant  therefor  upon  the  State  treas- 
urer, who  shall  pay  the  same  out  of  the  general  fund,  which  sum  HOW  paid, 
shall  be  reimbursed  to  the  general  fund  by  the  secretary  of  the 
board  paying  into  it  that  amount  out  of  the  money  received  by 
him  as  fees  for  certificates,  and  if  there  is  any  residue  of  money  Residue  of 
received  as  such  fees,  it  shall  be  expended  by  the  superintendent  Som^xa^inf- 
of  public  instruction,  in   the  purchase  of  suitable  books   for  an  U2J,fees>  how 
office  library. 

i  As  amended  by  Act  No.  2,  Laws  of  1871;  and  Act  No.  62,  Laws  of  1881. 


50 


GENERAL  SCHOOL  LAWS. 


CHAPTER  XVIII. 

Act  No.  117,  Laws  of  1855. 

TEACHERS'  ASSOCIATIONS. 

(§168.)  SECTION  1.  The  People  of  the  State  of  Michigan  enact, 
Any  fifteen  or  more  teachers,  or  other  persons  residing  in  this  State, 
who  shall  associate  for  the  purpose  of  promoting  education  and 
science,  and  improvements  in  the  theory  and  practice  of  teaching, 
may  form  themselves  into  a  corporation,  under  such  name  as  they 
may  choose,  providing  they  shall  have  published,  in  some  newspaper 
printed  at  Lansing,  or  in  the  county  in  which  such  association 
is  to  be  located,  for  at  least  one  month  previous,  a  notice  of  the 
time,  place,  and  purpose  of  the  meeting  for  such  association,  and 
shall  file  in  the  office  of  the  secretary  of  State  a  copy  of  the  con- 
stitution and  by-laws  of  said  association. 

(§169.)  SEC.  2.  Such  association  may  hold  and  possess  real  and 
personal  property  to  the  amount  of  five  thousand  dollars;  but  the 
funds  or  property  thereof  shall  not  be  used  for  any  other  purpose 
than  the  legitimate  business  of  the  association  in  securing  the  ob- 
jects of  its  corporation. 

(§170.)  SEC.  3.  Upon  becoming  a  corporation,  as  hereinbefore 
provided,  they  shall  have  all  the  powers  and  privileges,  and  be  sub- 
ject to  all  the  duties  of  a  corporation,  according  to  the  provisions 
of  chapter  fifty-five  of  the  Revised  Statutes  of  this  State  [Chap.  130, 
Compiled  Laws  of  1871],  so  far  as  such  provisions  shall  be  applica- 
ble in  such  case,  and  not  inconsistent  with  the  provisions  of  this 
act. 


Fifteen  or  more 
teachers  may 
form  corporation. 


Notice  to  be 
published. 


Constitution, 
where  filed. 


May  hold  prop- 
erty. 

Restrictions 
upon  its  use. 


Privileges  and 
liabilities  of 
corporations. 


"  Public  mon. 
eys  "  defined. 


Public  moneys 
to  be  kept  sepa- 
rate from  all 
other  funds. 


How  used. 


CHAPTER  XIX. 

Act  No.  131,  Laws  of  1875. 
SAFE  KEEPING  OF  PUBLIC  MONEYS. 

(§171).  SECTION  1.  The  People  of  the  State  of  Michigan  enact, 
That  all  moneys  which  shall  come  into  the  hands  of  any  officer  of 
the  State,  or  of  any  officer  of  any  county,  or  of  any  township,  school 
district,  highway  district,  city,  or  village,  or  of  any  other  municipal 
or  public  corporation  within  this  State,  pursuant  to  any  provision 
of  law  authorizing  such  officer  to  receive  the  same,  shall  be  denom- 
inated public  moneys  within  the  meaning  of  this  act. 

(§172.)  SEC.  X.  It  shall  be  the  duty  of  every  officer  charged  with 
the  receiving,  keeping,  or  disbursing  of  public  moneys  to  keep  the 
same  separate  and  apart  from  his  own  money,  and  he  shall  not  com- 
mingle the  same  with  his  own  money,  nor  with  the  money  of  any 
other  person,  firm,  or  corporation. 

(§173.)  SEC.  3.  No  such  officer  shall,  under  any  pretext,  use  nor 
allow  to  be  used,  any  such  moneys  for  any  purpose  other  than  in 
accordance  with  the  provisions  of  law;  nor  shall  he  use  the  same 
for  his  own  private  use,  nor  loan  the  same  to  any  person,  firm,  or 
corporation  without  legal  authority  so  to  do. 


GENERAL  SCHOOL  LAWS.  51 

(§174.)  SEC.  4.  In  all  cases  where  public  moneys  are  authorized  interest  on  pub. 
to  be  deposited  in  any  bank,  or  to  be  loaned  to  any  individual,  firm,  SnrtUutJV0 
or  corporation,  for  interest,  the  interest  accruing  upon  such  public  seneral fund- 
moneys  shall  belong  to  and  constitute  a  general  fund  of  the  State, 
county,  or  other  public  or   municipal   corporation,   as   the   case 
may  be. 

(§175.)  SEC.  5.  In  no  case  shall  any  such  officer,  directly  or  in- officers  not  to 
directly,  receive  any  pecuniary  or  valuable  consideration  as  an  in-  l^JJ  {£??£" 
ducement  for  the  deposit  of  any  public  moneys  with  any  particular  posit  of  money 
bank,  person,  firm  or  corporation.  bank,Petc!CQl 

(§176.)  SEC.  6.  The  provisions  of  this  act  shall  apply  to  all  depu- 
ties  of  such  officer  or  officers,  and  to  all  clerks,  agents,  and  servants 
of  such  officer  or  officers. 

(§177.)  SEC.  7.  Any  person  guilty  of  a  violation  of  any  of  the  pro-  Penalty  for  rio. 
visions  of  this  act  shall,  on  conviction  thereof,  be  punished,  by  a  Jj^f/J^810118 
fine  not  exceeding  one  thousand  dollars,  or  imprisonment  in  the 
county  jail  not  exceeding  six  months,  or  both  such  fine  and  impris- 
onment in  the  discretion  of  the  court :    Provided,  That  nothing  in  Proviso, 
this  act  contained  shall  prevent  a  prosecution  under  the  general 
statute  for  embezzlement  in  cases  where  the  facts  warrant  a  prose- 
cution under  such  general  statute. 

(§178.)  SEC.  8.  Any  officer  who  shall  willfully  or  corruptly  draw  penalty  for 
or  issue  any  warrant,  order,  or  certificate  for  the  payment  of  money 
in  excess  of  the  amount  authorized  by  law,  or  for  a  purpose  not  au- 
thorized by  law,  shall  be  deemed  guilty  of  a  misdemeanor,  and  may 
be  punished  as  provided  in  the  preceding  section. 


NOTE. 


APPORTIONMENT  OF   SURPLUS   DOG-TAX   TO   SCHOOL  DISTRICTS. 

Under  the  provisions  of  act  number  198  of  the  session  laws  of 
1877,  as  amended  by  act  number  283  of  the  session  laws  of  1881,  it 
is  required  that  in  all  the  townships  and  cities  of  the  State  there 
shall  annually  be  levied  and  collected  a  tax  of  one  dollar  upon  every 
male  dog  and  of  three  dollars  upon  every  female  dog.  The  money 
thus -obtained  is  to  constitute  a  fund  in  the  several  townships 
and  cities  for  the  payment  of  damages  sustained  by  owners  of  sheep 
by  reason  of  having  such  sheep  killed  or  wounded  by  dogs.  Sec- 
tion six  of  the  law  referred  to  provides  that  "if  money  remains  of 
such  fund  after  satisfactory  payment  of  all  claims  aforesaid  in  any 
one  year  over  and  above  the  sum  of  one  hundred  dollars,  it  shall  be 
apportioned  among  the  several  school  districts  of  such  township  or 
city  in  proportion  to  the  number  of  children  therein  of  school  age." 
The  apportionment  must  be  based  upon  the  whole  number  of 
children  of  school  age  residing  in  the  township,  and  include  all  dis- 


52  GENERAL  SCHOOL  LAWS. 


tricts  whether  lying  wholly  or  partly  in  such  township.  In  case  of 
a  fractional  district  in  which  the  school-house  is  situated  in  a  dif- 
ferent township,  the  money  belonging  to  such  district  must  be  paid 
over  to  the  treasurer  of  the  township  in  which  the  school-house  is 
situated,  and  by  that  treasurer  paid  to  the  district,  in  the  same  way 
as  in  the  case  of  the  one-mill  and  other  taxes. 


APPENDIX    A. 


DIGEST  OF  DECISIONS  OF  THE  SUPREME  COURT. 

I. 

TOWNSHIP  BOARD  OF  SCHOOL  INSPECTORS. 

11.  The  statutory  notice  ot  meetings  by  inspectors  mast  be  given,  stating 
the  object  of  the  meeting.     And  no  business  at  a  meeting  inconsistent  with  the 
notice  is  lawful.    Passage  v.  School  Inspectors  of  Williamstown,  19  Mich.,  330. 
(See  161,  following.) 

12.  The  township  board  of  school  inspectors  have  no  power  to  dissolve  a 
school  district  erected  by  special  act  of  the  legislature,  and  to  set  back  the 
territory  into  the  districts  from  which  it  was  taken.    School  District  v.  Dean,  17 
Mich.,  223. 

13.  On  the  erection  and  organization  of  a  new  township,  the  inspectors  of 
such  township  may  sever  its  territory  from  the  school  district  within  which  it 
was  formerly  embraced,  and  there  is  no  general  provision  of  law  which  charges 
the  property  within  the  new  township  with  the  obligation  to  pay  any  debts 
created  for  school  purposes,  which  existed  at  the  time  of  the  erection  of  the  new 
township.    School  District  No.  1  of  Portage  v.  Ryan,  19  Mich.,  203.    (See  182, 
following.) 

II. 

APPEALS  FROM  ACTION  OF  SCHOOL  INSPECTORS. 

14.  Under  the  statute  providing  for  appeals  from  the  board  of  school  inspect- 
ors to  the  township  board,  the  approval  of  the  appeal  bond  is  essential  to  com- 
plete an  appeal ;  and  the  fact  that  the  bond  was  presented  to  the  clerk  of  the 
board  of  inspectors,  who  refused  to  approve  it  because  it  was  not  witnessed, 
even  though  the  objection  be  a  frivolous  one,  made  in  bad  faith  and  for  vexa- 
tion, will  not  render  the  bond  sufficient  without  an  approval,  since,  under  the 
statute,  it  may  be  approved  also  by  any  justice  of  the  township.     Clement  v. 
Everest,  29  Mich.,  19. 

15.  The  validity  of  the  action  of  school  inspectors  in  changing  the  bound- 
aries of  school  districts  is  not  affected  by  the  fact  that  the  inspectors  were  in- 

7 


54  DIGEST   OF  DECISIONS. 

terested  parties  as  taxpayers  and  residents;  the  disabling  doctrine  has  no  ap- 
plication to  those  administrative  acts  which  are  public,  and  not  with  or  be- 
tween private  parties.  Ibid. 

^[6.  The  regularity  of  the  action  of  school  inspectors  in  creating  or  changing 
school  districts  will  not  be  inquired  into  in  a  collateral  proceeding;  their  action 
is  the  exercise  of  a  public  discretionary  power,  which  can  only  be  reviewed,  if 
at  all,  by  some  direct  appellate  process  authorized  by  law  arid  operating  upon 
the  proceedings  themselves  to  affirm,  reverse,  or  change  them.  Ibid. 

T7.  Parties  appealing  under  the  statute  irom  the  action  of  school  inspect- 
ors in  arranging  school  districts,  to  the  township  board,  thereby  waive  those 
questions  which  require  judicial  review  and  submit  themselves  to  the  dis- 
cretion of  that  body;  and  a  certiorari  to  the  township  board  does  not  open 
for  review  the  doings  of  the  inspectors.  Brody  v.  Township  Board  of  Penn.. 
32  Mich.,  272. 

^[8.  It  was  never  intended  that  a  court  should  exercise  any  of  these  powers 
of  discretionary  administration;  and  when,  on  such  an  appeal,  the  township 
board  acted  within  its  jurisdiction,  its  discretion  cannot  be  reviewed  by  the 
courts;  and  if  it  did  not,  and  its  acts  were  void,  then  under  the  statute  the 
the  action  of  the  inspectors,  after  ten  days,  is  equally  intact  and  beyond  dis- 
turbance. Ibid. 

1~9.  Where,  however,  the  township  board,  acting  without  authority,  reverses 
the  action  of  the  inspectors,  their  doings  may  be  overturned;  but  an  order  of 
the  board  affirming  the  action  of  the  inspectors,  whether  properly  or  improp- 
erly, only  leaves  such  action  where  it  would  have  been  without  such  interfer- 
ence. Ibid. 
n 

III. 

TOWNSHIP  BOARD. 

T~10.  An  application  to  the  township  board  to  remove  the  moderator  of  a 
school  district,  on  the  ground  that  he  persistently  refuses  to  countersign  an 
order  drawn  by  the  director  of  the  district  on  the  assessor,  involves  an  inquiry, 
in  which  the  payee  named  in  the  order  is  an  interested  party.  Stockwell  v.  Town- 
ship Board  of  White  Lake,  22  Mich.,  341. 

^[11.  A  proceeding  before  the  township  board  to  remove  an  officer  of  a  school 
district,  is  in  the  nature  of  a  judicial  investigation  ;  and  when  one  of  the  board 
is  interested  in  the  subject  of  the  complaint,  and  the  presence  of  such  member 
is  essential  to  the  quorum,  the  proceedings  are  void.  Ibid. 

^[12.  When  either  of  the  members  of  the  township  board  is  interested  in  the 
subject  for  consideration,  he  is  not  "competent  or  able  to  act,"  in  the  sense  of 
the  statute;  and  such  incompetency  will  justify  the  calling  in  of  one  of  the 
remaining  justices.  Ibid. 

'^[13.  Every  special  tribunal  appointed  by  law  is  subject  to  the  maxim  that 
no  person  can  sit  in  any  cause  in  which  he  is  a  party,  or  in  which  he  is  inter- 
ested. Ibid. 

^[14.  The  removal  of  a  school  district  assessor  by  the  township  board  is 
reviewable  on  certiorari.  Merrick  v.  Township  Board,  41  Mich.,  630. 

^[15.  Costs  awarded  by  the  supreme  court  in  a  proceeding  by  certiorari 
against  persons  composing  a  township  board,  to  review  their  official  acts,  are  to 
be  collected  like  township  charges,  and  not  by  execution  against  the  officers 
personally.  Stockwell  v.  Township  Board  of  White  Lake,  22  Mich.,  341.  (See 
184,  following.) 


DIGEST   OF  DECISIONS.  55 

IV. 

• 

ORGANIZATION   OF  SCHOOL   DISTRICTS. 

.  There  should  be  some  special  and  extraordinary  reason  to  justify  inter- 
ference by  quo  warranto  with  the  organization  of  a  school  district,  as  the  stat- 
utes provide  a  speedier  remedy  by  an  appeal  from  the  inspectors  to  the  township 
board.  Lord  v.  Every,  38  Mich.,'  405. 

^17.  When  a  school  district:  had  enjoyed  its  franchises  for  five  years,  during 
most  of  which  time  proceedings  to  inquire  into  the  validity  of  the  organization 
had  been  pending  by  quo  warranto  and  writ  of  error  instead  of  the  speedier 
statutory  process  of  appeal,  the  supreme  court  declined  to  review  its  organiza- 
tion on  technicalities.  Ibid. 

118.  The  legal  organization  of  a  school  district  actually  exercising  its  cor- 
porate powers,  cannot  be  collaterally  questioned  in  contesting  a  title  based  on  a 
school  tax.     Stockle  et  al.  v.  Silsbee,  41  Mich.,  615. 

119.  A  certiorari  to  review  proceedings  whereby  a  new  school  district  has 
been  created  out  of  old  districts,  must  be  applied  for  before  the  district  has 
been  organized  and  assumed  the  functions  of  a  corporation ;  after  that  time  the 
proper  course  is,  to  take  measures  to  try  the  legality  of  its  corporate  existence 
by  quo  warranto,  or  other  direct  proceedings  against  the  alleged  corporation  or 
its  officers.    Fractional  School  District  No.  1  of  Owosso,  etc.,  v.  School  Inspect- 
ors of  Oivosso,  etc.,  27  Mich.,  3. 

120.  Certiorari  addressed  to  the  assessor  of  a  school  district  is  wholly  unsuit- 
ed  as  a  remedy  to  test  the  legal  organization  and  existence  of  the  district,  as  the 
errors,  if  any  there  are,  lie  back  of  any  action  of  the  assessor,  and  are  to  be 
found  in  the  action  of  the  township  authorities.    Jaquith  v.  Hale,  31  Mich., 
430.     (See  182  following.) 

V. 

DISTRICT  MONEYS,   WARRANTS,   AND  ORDERS. 

121.  An  action  for  money  had  and  received  will  lie  in  favor  of  a  school  dis- 
trict to  recover  district  moneys  received  by  its  assessor,  and  which  after  expira- 
tion of  his  term  of  office  he  refuses  on  demand  to  pay  over  to  his  successor,  and 
an  action  upon  the  assessor's  bond  is  not  the  exclusive  remedy;  the  bond  is 
required  as  additional  security,  but  it  does  not  supersede  the  officer's  individual 
responsibility.    Mason  v.  Fractional  School  District  No.  1  of  Scio  and  Webster, 
34  Mich.,  228. 

122.  An  assessor  cannot  lawfully  withhold  the  district  funds  in  his  hands, 
when  the  same  are  properly  demanded  by  his  successor,  a  fortnight  after  the 
latter  has  been  regularly  elected  and  has  accepted  and  qualified,  upon  any  claim 
that  he  is  entitled  to  be  first  personally  notified  officially  of  such  election  and 
acceptance;   he  is  chargeable  with  notice  of  these  facts  without  any  personal 
certification  thereof.    Ibid. 

123.  An  official  treasurer  cannot  defend  an  action  to  make  him  turn  over 
to  his  successor  the  funds  in  his  official  custody,  upon  any  questions  of  the  reg- 
ularity of  the  proceedings  whereby  the  funds  came  into  his  possession.    Ibid. 

124.  The  assessor  of  a  school  district  is  the  lawful  treasurer  and  depositary 
of  school  district  funds,  and  all  moneys  must  pass  through  his  hands  and  be 
paid  out  by  him  on  proper  orders.    School  District  No.  9  of  Midland  v.  School 
District  No.  5  of  Midland,  40  Mich.,  551. 


66  DIGEST  OF  DECISIONS. 

1"25.  A  showing  of  a  want  of  funds  is  a  complete  answer  to  an  application 
for  mandamus  to  require  an  assessor  of  a  school  district  to  pay  an  order  drawn 
on  him  in  favor  of  a  school  teacher.  Allen  v.  Frink,  32  Mich.,  96. 

^"26.  It  is  not  necessarily  the  duty  of  a  moderator  of  a  school  district  to 
countersign  an  order  upon  the  assessor  drawn  by  the  director.  He  has  a  right 
to  satisfy  himself  that  the  claim  for  which  it  was  drawn  is  a  valid  one,  and  that 
it  was  drawn  by  the  director  in  the  proper  performance  of  his  duty.  Stockioell 
v.  Township  Board  of  White  Lake,  "22  Mich.,  341. 

If27.  The  disbursement  of  all  school  moneys  is  required  by  the  statute  to  be 
made  by  orders  drawn  on  the  assessor  by  the  director  and  countersigned  by  the 
moderator ;  and  all  moneys  belonging  to  the  district  in  the  town  treasurer's 
hands  are  required  to  be  paid  to  the  assessor  on  warrants  drawn  by  the  director 
and  countersigned  by  the  moderator.  The  assessor  is  made  treasurer  of  the 
district,  and  required  to  hold  all  district  moneys  until  properly  drawn  out  by 
warrant.  It  is  made  the  express  duty  of  the  director  to  draw  and  sign  war- 
rants upon  the  township  treasurer,  payable  to  the  assessor,  for  all  moneys  raised 
for  district  purposes,  or  apportioned  to  the  district  by  the  township  clerk,  and 
present  them  to  the  moderator  to  be  signed;  and  it  is  made  the  duty  of  the 
moderator  to  countersign  such  warrants.  Burns  v.  Bender,  36  Mich.,  195. 

^[28.  District  moneys  in  the  hands  of  the  town  treasurer  are  not  subject  to 
be  applied  to  any  district  purpose  except  through  the  hands  of  the  assessor. 
And  the  duty  of  suing  to  thus  transfer  them  into  the  custody  of  the  assessor, 
if  qualified,  is  laid  on  the  director;  and  the  duty  of  procuring  this  transfer 
within  some  reasonable  time  is  not  discretionary,  but  absolute.  The  moderator 
is  bound  under  ordinary  circumstances  to  countersign  all  orders  of  the  director 
for  that  purpose;  and  if  he  refuses  in  a  proper  case  to  do  so,  mandamus  will  lie 
to  compel  him.  Ibid. 

^[29.  The  statute  making  it  the  duty  of  the  director  to  present  the  warrant 
to  the  moderator  for  signature,  he  may  properly  be  a  relator  to  obtain  it  by 
compulsion  of  law  when  refused.  He  is  the  proper  custodian  of  the  completed 
warrant,  for  the  purpose  of  delivery  to  the  assessor.  Ibid. 

1"30.  The  query  is  suggested,  whether  the  assessor  would  not  also  be  a  com- 
petent relator.  Ibid. 

^[31.  The  town  treasurer  has  no  authority  to  make  payments  of  district 
moneys,  even  to  the  assessor,  except  upon  the  warrant  prescribed  by  statute ; 
and  no  payment  not  authorized  by  warrant  is  a  valid  official  payment,  such  as 
to  preclude  the  district  from  holding  him  responsible  for  moneys  lawfully  in 
his  hands.  Payments  made  otherwise  than  in  the  prescribed  mode  are  made  in 
his  own  wrong,  and  cannot  diminish  the  fund  for  which  he  is  responsible. 
Ibid. 

1"32.  Eespondent  occupying  the  double  position  of  moderator  and  town 
treasurer,  is  not  thereby  authorized  to  set  up  his  previous  illegal  disbursements 
of  the  district  moneys  as  treasurer  as  an  excuse  for  not  doing  his  duty  as  mod- 
erator; his  double  functions  will  not  relieve  him  in  one  capacity  from  doing 
his  duty  in  another.  Ibid. 

^[33.  Warrants  drawn  by  the  officers  of  school  districts  upon  the  township 
treasurer  for  school  moneys  are  not  negotiable,  and  the  treasurer  is  under  no 
obligation  to  pay  them  except  to  the  district  assessor.  Fox  v.  Shipman,  19 
Mich.,  218. 

^[34.  An  order  drawn  upon  the  township  treasurer  by  the  director  and 
countersigned  by  the  moderator  of  a  school  district,  payable  to  A,  or  bearer,  is 
void  upon  its  face.  The  director  has  no  power  to  draw  any  order  on  the  town- 


DIGEST  OF  DECISIONS.  57 

ship  treasurer  for  any  money  of  the  district  in  his  hands,  payable  to  any  one 
but  the  district  assessor,  who  is  the  disbursing  officer  of  the  district.  Frac- 
tional School  District  No.  4  of  Macomb  and  Chesterfield  v.  Mallary,  23  Mich.,  111. 

^"35.  The  statute  expressly  requiring  the  township  treasurer  to  pay  the 
amount  of  taxes  raised  for  school  purposes  to  the  order  of  the  school  district 
officers,  his  liability  therefor  is  distinct  from  his  ordinary  liability  for  township 
moneys,  and  cannot  be  released  or  in  any  way  affected  by  the  action  of  the 
township  board.  Jones  v.  Wright,  34  Mich.,  37] . 

^[36.  A  township  treasurer  has  no  right  to  receive  for  school  moneys  any- 
thing which  the  law  has  not  authorized  to  be  so  received,  and  if  he  chooses  to 
do  so  and  to  receipt  for  the  taxes,  he  must  make  good  the  amount.  Ibid. 

^"37.  A  town  treasurer  can  pay  school  moneys  only  to  the  school  district 
assessor,  and  then  only  on  the  warrant  of  the  proper  district  officers.  /School 
District  No.  9  of  Midland  v.  School  District  No.  5  of  Midland,  40  Mich.,  551. 

VI. 

CONTRACTS    WITH  TEACHERS. 

^38.  When  a  contract  for  hiring  a  teacher  has  been  signed  by  the  director  of 
the  school  district  and  by  the  teacher,  and  the  moderator  writes  upon  it  "  ap- 
proved," and  subscribes  it  as  moderator,  such  approval  and  signature  will  be 
treated  as  in  legal  effect  a  signature  of  the  contract  by  such  moderator.  Everett 
v.  Fractional  School  District  No.  2  of  Gannon,  30  Mich.,  249. 

^[39.  The  provision  of  the  statute  that  the  contract  for  hiring  a  school  teacher 
shall  require  the  teacher  to  keep  a  correct  list  of  the  pupils,  and  the  age  of 
each,  attending  the  school,  etc.,  imposes  the  duty  upon  the  teacher  of  keeping 
such  list,  and  this  becomes  in  legal  effect  a  part  of  his  contract,  whether  the 
written  contract  expressly  stipulates  for  it  or  not.  Ibid. 

1"40.  The  provision  of  the  statute  requiring  the  keeping  of  a  list  of  pupils, 
etc.,  to  be  inserted  in  the  contract  is  merely  directory,  and  does  not  render  in- 
valid a  contract  from  which  such  requirement  has  been  omitted,  provided  it  be 
good  in  other  respects  and  entered  into  in  good  faith.  Ibid. 

If 41.  A  school  district  is  a  municipal  corporation  and  cannot  be  garnished 
even  by  its  own  consent,  unless  the  debtor  also  consents.  School  District  No.  4 
of  Marathon  v.  Gage,  39  Mich.,  484. 

*[f42.  It  is  against  public  policy  to  allow  the  wages  of  persons  in  public  em- 
ployments to  be  reached  by  garnishment.  Ibid. 

T43.  School  management  should  always  conform  to  those  decent  usages 
which  recognize  the  propriety  of  omitting  to  hold  public  exercises  on  recognized 
holidays;  and  it  is  not  lawful  to  impose  forfeitures  or  deductions  for  such 
proper  suspension  of  labor.  All  contracts  for  teaching  during  periods  men- 
tioned must  be  construed  of  necessity  as  subject  to  such  days  of  vacation,  and 
there  can  be  no  penalty  laid  upon  such  observances,  in  the  way  of  forfeitures 
or  deductions  of  wages.  School  District  No.  4  of  Marathon  v.  Gage,  39  Mich., 
484.  [NOTE. — The  legal  holidays  established  by  statute  are  New  Year's  day 
(January  1),  Washington's  birth-day  (February  22),  Decoration  day  (May  30), 
Independence  day  (July  4),  Christmas  day  (December  25),  and  any  day  appointed 
by  the  president  or  governor  as  a  day  of  fasting  and  prayer,  or  of  general  thanks- 
giving. Whenever  a  legal  holiday  falls  on  Sunday,  the  Monday  next  succeed- 
ing is  to  be  observed  instead.  Act  No.  124,  Laws  of  1865,  as  amended  ~by  Act 
No.  168,  Laws  of  1875,  and  Act  No.  208,  Laws  of  1881.} 


58  DIGEST   OF  DECISIONS. 

^"44.  If  a  teacher  is  employed  for  a  definite  time,  and,  during  the  period  of 
his  employment,  the  district  officers  close  the  schools  on  account  of  the  preva- 
lence of  contagious  diseases,  and  keep  them  closed  for  a  time,  and  the  teacher 
continues  ready  to  perform  his  contract,  he  is  entitled  to  full  wages  during  such 
period.  The  act  of  God  is  not  an  excuse  for  non-performance  of  a  contract 
unless  it,  renders  performance  impossible;  if  it  merely  makes  it  difficult  and 
inexpedient,  it  is  not  sufficient.  Although  under  such  circumstances  it  is  emi- 
nently prudent  to  dismiss  school,  yet  this  affords  no  reison  why  the  misfortune 
of  the  district  should  be  visited  upon  the  teacher.  Deiuey  v.  Union  School  Dis- 
trict of  Alpena,  43  Mich.,  480. 

^[45.  The  statute  empowers  the  board  of  trustees  of  a  graded  school  district 
to  employ  all  teachers  necessary,  and  what  teachers  are  necessary  is  left  to  be 
decided  by  the  sound  discretion  of  the  trustees.  The  making  of  a  contract  with 
a  teacher  is  within  the  authority  of  a  board  of  trustees,  and,  when  made,  neither 
the  trustees  nor  the  voters  at  an  annual  meeting  have  power  to  impair  its  obli- 
gation. Tappan  v.  School  District  No.  1  of  Carrollton. 

VII. 

LIABILITIES   OF   DISTRICTS. 

^46.  The  director  of  a  school  district  is  not  legally  entitled  to  compensation 
from  the  district  for  his  services.  Hinman  v.  School  District  No.  1,  4  Mich., 
168.  [NOTE. — The  law  is  since  changed  so  as  to  authorize  compensation  to  be 
voted  by  the  district.  General  School  Laws  of  1881,  §  27,  p.  li».] 

«j[47.  Where  two  districts  aie  united  under  the  statute,  the  new  district  is 
alone  liable  for  all  the  former  debts  of  each  ;  and  a  judgment  afterwards  ren- 
dered against  one  of  the  former  districts  is  a  nullity.  Brewer  v.  Palmer,  13 
Mich,,  101. 

^[48.  Charts  or  cards  containing  the  multiplication  table,  practical  forms  of 
business  contracts,  and  also  brief  mention  of  prominent  historical  events,  and 
designed  for  use  in  school-rooms,  are  held  not  to  be  necessary  appendages  for 
the  school-house,  within  the  meaning  nf  the  statute,  such  as  the  director  is 
required  to  provide.  Gibson  v.  School  District  No.  5  of  Vevay,  30  Mich.,  404. 

^40.  There  was  no  such  necessity  for  the  purchase  of  these  charts  as  would 
bring  the  case  within  the  principles  of  School  District  v.  Snell,  (See  ^[52),  24 
Mich.,  350.  Ibid. 

^[50.  The  purchase  of  these  charts  by  the  director,  without  instruction  from 
the  district  board,  being  unauthorized  and  void  as  to  the  district,  his  retention 
of  them,  and  occasionally  placing  them  in  the  school-house,  could  not  operate 
as  a  ratification  by  the  district  of  his  unauthorized  purchase.  Ibid. 

^f5l.  Orders  due  from  one  district  to  another  are  not  enforceable  by  man- 
damus at  the  suit  of  one  to  whom  they  have  been  assigned.  Maltz  v.  Board  of 
Education,  41  Mich.,  547. 

1f5J.  Where  the  officers  of  a  school  district  purchased  for  the  district  a  set 
of  bound  books  and  some  b'anks,  suitable  for  the  purposes  of  the  district,  at 
their  fair  value,  and  while  the  district  was  not  properly  supplied  with  such 
materials,  in  the  absence  of  any  showing  that  the  discretion  of  such  officers 
was  abused  or  exceeded,  the  district  is  liable.  School  District  No.  4  of  Easton 
v.  Snell,  24  Mich.,  350. 

*f53.  One  school  district  that  has  wrongfully  received  money  belonging  to 
another  cannot,  in  an  action  by  the  latter  to  recover  it,  require  any  strict  proof 


DIGEST   OF  DECISIONS.  59 


of  the  regularity  of  the  proceedings  authorizing  it  to  be  collected.    School 
trict  No.  9  of  Midland  v.  School  District  No.  o  of  Midland,  40  Mich.,  551. 

^[54.  Where  a  school-district  is  parceled  out  among  three  other  existing  dis- 
tricts; the  latter  cannot  be  held  jointly  liable  for  a  debt  of  the  former  disirict; 
whatever  they  are  bound  to  pay  must  be  a  several,  and  not  a  joint  obligation. 
H&lbert  v.  School  Dists.,  etc.,  36  Mich.,  421. 

T5t>.  The  statute  having  confided  the  management  of  suits  brought  against 
a  school  district  to  the  assessor  when  no  other  direction  has  been  given  by  the 
voters  in  district  meeting,  the  moderator  and  director,  though  constituting  a 
majority  of  the  district  board,  have  no  authority  to  take  the  defense  of  a  suit 
from  the  assessor;  the  control  of  suits  is  not  among  the  powers  or  duties  con- 
fided by  the  statutes  to  the  district  board.  School  District  No.  4  of  Rush  v. 
Wing,  30  Mich.,  351. 

^[56.  The  suggestion  that  the  action  of  the  assessor  in  this  case  was  such  as 
to  be  evidence  of  an  adverse  interest  is  disregarded;  such  a  suggestion  might 
be  made  in  any  case  where  the  assessor  had  refused  to  yield  his  legal  authority 
to  another.  Ibid. 

1"57.  A  judgment  for  costs  against  the  district  on  the  dismissal  of  an  appeal 
taken  in  the  name  of  the  district  by  the  director,  without  the  authority  or 
assent  of  the  assessor,  on  the  ground  that  the  district  had  not  appealed  is  held 
to  he  erroneous.  Ibid. 

^"58.  Costs  are  not  awarded  against  the  school  district  in  this  court,  on  a 
writ  of  error  brought  without  authority  of  the  assessor,  to  review  such  dis- 

missal.   Ibid. 

• 

VIII. 

TUITION   OF  NON-RESIDENT  PUPILS. 

•p>9.  Before  any  action  can  be  maintained  under  the  statutes,  for  the  tuition 
of  non-resident  pupils,  the  district  board  must  first  fix  and  determine  the  rate 
of  tuition  of  such  pupils;  and  this  should  be  by  resolution  of  the  board,  prop- 
erly recorded  by  the  director  in  the  records  of  the  district:  and  the  fact  that 
such  action  has  been  taken,  cannot  be  shown  by  parol,  if  objected  to.  Thomp- 
son v.  School  District  No.  6  of  Crockery,  #5  Mich.,  483. 

IX. 

ADMISSION  OF  COLORED   CHILDREN   TO   SCHOOL. 

^60.  The  amendment  to  the  primary  school  law  of  1867—  Laws  of  1867,  vol. 
1,  p.  42  [General  School  Laws  of  1881,  §  45,  p.  19.]—  giving  equal  rights  in  the 
schools  to  all  residents,  is  applicable  to  the  city  of  Detroit,  and  precludes  the 
board  of  education  of  that  city  from  excluding  a  child  from  any  public  school 
on  the  ground  of  color.  People  v.  Board  of  Education,  18  Mich.,  400. 

X. 

SCHOOL  SITES  AND   SCHOOL-HOUSES. 

^[61.  Kotice  of  a  meeting  of  the  board  of  school  inspectors  to  change  a 
school-house  site  is  necessary.  Andress  v.  School  Inspectors  of  Williamstozvn,  19 
Mich.,  332.  (See  ^fl  preceding.) 

62.  The  board  of  inspectors  have  no  power  to  change  a  school-house  site  on 


CO  DIGEST  OF  DECISIONS. 

a  written  request  of  a  majority  of  qualified  voters  of  the  district  except  in  cases 
where  the  site  has  been  fixed  by  them  because  the  inhabitants  were  unable  to 
agree  upon  a  site.  Ibid.- 

^"63.  The  jurisdiction  to  condemn  lands  for  a  school-house  site  is  invoked  by 
presenting  to  the  proper  officer  a  petition  designating  the  site  and  showing 
disagreement  with  the  owner  as  to  compensation  for  it.  Smith  v.  School  Dis- 
trict No.  2  of  Milton,  40  Mich.,  143. 

^[64.  In  proceedings  to  condemn  land  for  a  school-house  site,  the  circuit 
judge  is  not  required  to  act  in  preference  to  a  circuit  court  commissioner.  Ibid. 

1 65.  When  the  owner  of  land  that  is  sought  for  a  school-house  site  is  repre- 
sented at  the  proceedings  to  condemn  it,  he  is  deemed  to  waive  objection  to 
jurors  if  he  does  not  challenge  them  at  the  time.  Ibid. 

T66.  When  the  petition,  notice,  venire,  finding  and  commissioner's  certificate 
in  proceedings  to  condemn  land  for  a  school-house  site  are  regular  on  their 
face,  and  show  full  compliance  with  statutory  requirements,  the  proceedings 
are  presumed  regular,  and  if  the  parties  interested  were  represented,  and  omit, 
on  filing  the  proceedings,  to  make  a  sworn  showing  to  the  circuit  court  of  any 
other  defects, — such  as  an  omission  to  designate  the  site  to  the  jury, — they  can- 
not rely  on  it  thereafter.  Ibid. 

^{67.  A  school  district  contracting  far  the  building  of  a  school-house  within 
a  stated  time,  is  bound  to  furnish  a  suitable  site  therefor  within  such  reasona- 
ble time  that  the  constructors  shall  not  be  delayed  on  their  part.  Todd  et  al. 
v.  School  District  No.  1  of  Greenwood,  40  Mich.,  294. 

^"68.  Under  a  contract  for  the  construction  of  a  school  building,  which  pro- 
vides that  the  work  shall  be  "executed  in  the  best  and  most  workman-like 
manner,  and  agreeably  to  such  directions  as  may  be  given  from  time  to  time" 
by  the  architect  or  his  assistant  [the  local  superintendent  of  the  work,  employed 
by  the  district],  "and  to  his  full  and  entire  satisfaction,  without  reference 
thereon  to  any  other  person;"  that  all  claims  for  alterations  or  extras  were  to 
be  judged  of,  determined,  and  adjusted  " solely  by  the  superintendent,"  and 
that  payment  should  be  made  on  the  certificate  of  the  architect,  or  superin- 
tendent, partly  on  monthly  estimates,  from  time  to  time,  and  the  balance  on 
completion  of  the  building;  whatever  passed  under  the  inspection  of  the 
superintendent  as  the  work  progressed,  and  was  in  good  faith  approved  by  him, 
expressly  or  by  implication,  was  not  open  to  objection  on  the  part  of  the  dis- 
trict afterwards;  and  the  certificate  of  the  architect  was  not  a  condition  pre- 
cedent to  the  right  of  the  contractor  to  recover  for  the  work  so  approved. 
Wildey  v.  Fractional  School  District  No.  1  of  Paw  Paw  and  Antwerp.  25 
Mich.,  419. 

1"69.  Variances  from  such  a  contract  which  have  been  treated  at  the  time  as 
immaterial  by  both  parties  will  not  afterwards  be  held  to  be  departures  from 
the  contract;  and  what  was  regarded  at  the  time  as  substantial  compliance 
with  its  terms,  constitutes  a  performance  in  law.  Ibid. 

1"70.  Intentional  departures  from  such  contract,  made  without  the  consent, 
express  or  implied,  of  the  district  officers,  architect,  or  superintendent,  and  in 
disregard  of  their  directions,  would  not  bar  a  recovery  for  other  portions  of  the 
work  which  were  duly  approved;  but  the  district  would  have  a  right  to  insist 
on  the  proper  changes  in  the  work  to  make  it  conform  to  the  contract,  and  to 
recover  any  damages  sustained  by  the  failure.  Ibid. 

1"71.  The  mere  fact  of  taking  possession  and  occupying  the  building  by  the 
district  for  their  schools,  after  the  time  when,  by  the  contract,  it  was  to  be 


DIGEST  OF  DECISIONS.  61 

completed,  would  not,  of  itself,  constitute  an  acceptance  which  should  bar  any 
claim  on  the  part  of  the  district  to  insist  upon  a  rectification  of  any  faults,  or 
the  payment  of  any  damages  they  may  have  suffered  by  the  failure  in  strict 
compliance;  but  the  fact  of  making  payments  afterward  without  objection, 
the  manner  of  taking  possession,  and  whether  with  or  without  objection  to  any 
variation,  would  have  an  important  bearing  on  the  question  of  fact,  whether 
any  rights  were  intentionally  waived,  or  whether  there  was  a  purpose  to  accept 
the  building  as  completed  in  substantial  compliance  with  the  contract.  Ibid. 

XL 

GRADED  AND  HIGH  SCHOOLS. 

^72.  The  right  of  school  authorities  in  union  school  districts  of  this  State  to 
levy  taxes  upon  the  general  public  for  the  support  of  high  schools,  and  by  such 
taxation  to  make  free  the  instruction  of  children  in  other  languages  than  the 
English,  is  sustained.  Stuart  v.  School  District  No.  1  of  Kalamazoo,  30 
Mich.,  69. 

173.  A  school  district  which  has  assumed  to  possess  and  exercise  all  the 
rights  and  franchises  of  a  regularly  organized  corporation  for  thirteen  years, 
with  entire  acquiescence  of  everybody,  is  not  liable  to  have  the  regularity  of  its 
organization,  or  of  the  legislation  under  which  it  acted,  called  in  question  there- 
after in  a  merely  private  and  collateral  suit.    Hid. 

174.  Whether  or  not  the  statute  of  limitations  applies  in  terms  to  a  case 
where  it  is  not  so  much  the  organization  of  the  school  district  that  is  ques- 
tioned as  its  authority  to  establish  a  high  school  and  levy  taxes  therefor,  it  is 
.strictly  applicable  in  principle.    Hid. 

175.  The  organization  claimed  and  asserted  by  the  district  being  that  of  a 
union  school  district,  the  presumption  of  organization  arising  from  its  user  of 
corporate  powers  must  be  that  of  such  an  organization  as  its  user  indicates, 
and  whether  or  not  an  acquiescence  for  the  statutory  period  of  two  years  will 
raise  the  presumption  of  regular  organization,  one  of  thirteen  years  certainly 
Trill.    Ibid. 

176.  The  State  policy  of  Michigan  0*1  the  subject  of  education,  and  of  the 
territory  before  the  State  was  organized,  beginning  in  1817  and  continuing  down 
until  after  the  adoption  of  Ihe  present  constitution,  having  been  reviewed  and 
considered,  the  conclusion  is  reached  that  there  is  nothing  in  our  State  policy, 
or  in  our  constitution,  or  in  our  laws,  restricting  the  primary  school  districts 
•of  the  State  in  the  branches  of  knowledge  which  their  officers  may  cause  to  be 
taught,  or  the  grade  of  instruction  that  may  be  given,  if  the  voters  of  the  dis- 
trict consent  in  regular  form  to  bear  the  expense  and  raise  the  taxes  for  the 
purpose,  or  to  prevent  instruction  in  the  classics  and  living  modern  languages 
in  these  schools.    Ibid. 

If 77.  The  power  to  make  the  appointment  of  a  superintendent  of  schools  in 
a  union  school  district  is  one  that  is  incident  to  the  full  control  which  by  law 
the  district  board  has  over  the  schools  of  the  district.  Ibid. 

1 78.  The  decree  below,  dismissing  the  bill  filed  in  this  case  to  restrain  the 
collection  of  such  portion  of  the  school  taxes  assessed  against  the  complainants 
for  the  year  1872  as  have  been  voted  for  the  support  of  the  high  school  in  the 
village  of  Kalamazoo  and  for  the  payment  of  the  salary  of  the  superintendent, 
is  affirmed.  Ibid.  (See  182  following.) 


DIGEST  OF  DECISIONS. 


XII. 

LIBRAE Y  MONEYS. 

.  The  treasurer  of  the  board  of  school  inspectors, -and  not  the  township 
treasurer,  is  the  proper  custodian  of  the  township  library  money;  and  the 
latter  officer,  on  proper  demand,  is  bound  to  pay  it  over  to  the  former,  and  is 
not  entitled  to  withhold  it  until  it  is  drawn  by  the  inspectors  as  needed  for 
specific  appropriations;  and  mandamus  will  lie  to  enforce  the  performance  of 
this  duty.  McPharlin  v.  Mahoney,  30 'Mich.,  100. 

^[80.  It  is  a  sufficient  ground  for  an  application  for  mandamus  to  enforce 
such  payment,  that  the  township  treasurer,  when  an  order  was  properly  drawn 
on  him  by  the  inspectors  for  such  money,  but  for  an  amount  slightly  in  excess 
of  the  money  in  his  hands,  refused  to  pay  over  what  he  had,  not  upon  the 
ground  that  the  order  was  too  large  a  sum,  but  upon  the  distinct  assertion  that 
he  was  himself  the  proper  custodian  of  the  funds,  and  was  not  bound  to  pay 
them  over  except  as  they  were  required  bv  the  inspectors  for  specific  purposes. 
Ibid. 

T81.  Under  the  constitution  and  statute?,  all  moneys  which  are  paid  into 
the  office  of  the  county  treasurer,  on  account  of  fines,  penal  ties,  forfeitures  and 
recognizances,  are  to  be  credited  to  the  library  fund,  and  apportioned  and  paid 
over  by  the  treasurer  to  the  proper  local  officers,  without  any  deduction  for 
expenses,  either  attending  the  collection  of  the  particular  sums  paid  in,  or  em- 
bracing the  general  criminal  expenses  of  the  county.  Board  of  Education  of 
Detroit  v.  Treasurer  of  Wayne  County,  8  Mich.,  393. 

XIII. 

MISCELLANEOUS. 

^[82.  There  is  no  authority  by  which  unorganized  territory  can  be  attached 
to  a  graded  school  district.  The  only  way  of  dealing  with  unorganized  terri- 
tory is  by  organizing  it  into  primary  school  districts.  SiniJcins  v.  Ward. 

^[83.  Statements  contained  in  an  affidavit  presented  to  an  officer  author- 
ized by  law  to  examine  and  license  teachers,  for  the  purpose  of  preventing  a 
teacher's  license  being  granted  to  a  particular  person,  charging  such  person  with 
impropc-r  <  onducr,  are  privileged  and  not  actionable,  unless  untrue  and  mali- 
ciously made.  Weiman.jr.,  v.  Malieet  al. 

^[84.  Failure  of  a  school  director,  without  sufficient  cause,  to  keep  the  school- 
house  in  repair,  ma^  be  ground  for  removal  from  office.  Where  there  is  evi- 
dence before  the  township  board  upon  which  they  have  removed  a  school 
director,  their  decision  on  matters  of  fact  will  not  be  reviewed.  Where  one  of 
the  questions  before  a  town  board  was  the  validity  of  a  teacher's  contract,  and 
one  of  the  members  of  the  board  had  a  niece  who  was  employed  under  a  similar 
contract,  held,  that  he  was  not  by  reason  thereof  disqualified  to  sit. 
Board  of  Hamtramclc  v.  Holihan. 


APPENDIX  B. 


FORMS  FOR  PROCEEDINGS  UNDER  THE  SCHOOL  LAWS. 


NOTE.— The  following  blank  forms  do  not  comprise  a  full  set  for  all  purposes 
under  the  school  laws.  All  furnished  by  the  Superintendent  of  Public  Instruction, 
together  with  such  as  may  be  required  in  proceedings  where  the  services  of  attorneys 
are  usually  employed,  and  a  few  for  which  those  published  may  be  readily  adapted, 
are  omit  red  Officers  are  advised  when  performing  any  duty  to  which  these  forms 
are  applicable,  to  use  them  in  preference  to  others,  as  by  this  means  uniformity  of 
administration  is  secured,  many  mistakes  will  be  prevented,  and  in  time  that  which 
may  now  seem  complicated  and  obscure  will  be  more  generally  understood. 

FORM  No.  I. 

Notice  by  the  Clerk  of  the  Board  of  Inspectors  to  a  Taxable  Inhabitant  of  a  District  at  the 

Time  of  its  Formation. 
[See  Compiler's  Sections  9  and  10.] 

TOA....B..,,: 

SIR — The  board  of  school  inspectors  of  the  township  of have  formed 

a,  school  district  in  said  township,  to  be  known  as  district  No ,  and  bounded  as 

fallows:    |  Here  insert  the  description.] 

The  first  meeting  of  said  district  will  be  held  at on  the day  of 

,  18 ,  at o'clock MM  and  you  are  instructed  to  notify 

every  legal  voter  of  said  district  of  the  same,  at  least  five  days  previous  to  said 
meeting,  either  personally,  or  by  leaving  a  written  notice  at  his  place  of  residence. 
You  will  endorse  on  this  notice  a  return,  showing  each  notification,  with  the  date  or 
dates  thereof,  and  deliver  the  same  to  the  chairman  of  said  meeting. 

Dated  this .day  of .,  18... 

(Signed,)  .0 D , 

Clerk  of  the  Board  of  School  Inspectors. 


FORM  No.  2. 

Notice  of  First  Meeting— when  made  in  writing  to  be  left  at  the  house  of  every  legal  voter. 
[  See  Compiler's  Sections  9, 10,  and  24.] 

To  C D : 

SIR— School  district  No ,of  the  township  of ,  having  been  formed  by 


64 


FORMS  FOR  PROCEEDINGS. 


the  board  of  school  inspectors,  you,  as  a  legal  voter  in  said  district,  are  hereby  noti- 
fied that  the  first  meeting  thereof  will  be  held  at ,  on  the day 

of ,  18..,  at o'clock M. 

Dated  this day  of ,18... 

(Signed,)  A B 

[  The  person  appointed  to  give  notice.] 


FORM  No.  3. 

Endorsement  upon  the  Notice  (Form  No.  I)  by  Taxable  Inhabitant. 
[See  Compiler's  Sections  9,  10,  24,  and  138.1 

I,  A B ,  hereby  return  the  within  (or  annexed)  notice,  having  notified  the 

qualified  voters  of  the  district,  as  follows: 


NAMES. 


DATE. 


How  NOTIFIED. 


A B January  1, 1882 Personally. 

C D "       1,1882 Written  Notice. 

E F "       2,1882 Personally. 

Dated  this day  of. ,18 

(Signed)  A B. 

FORM  No.  4. 

Notice  by  Township  Clerk  to  Director,  of  Alteration  in  District. 
[See  Compiler's  Section  18.] 

To  the  Director  of  School  District  No Township  of .• 

SIR, — At  a  meeting  of  the  board  of  school  inspectors  of  the  township  of 

held »18-->  the  boundaries  of  school  district  No ,  township  of 

,  were  altered  in  such  manner  that  the  territory  of  said  district  now 

includes  the  following:    [Here  insert  the  description.] 

Dated  this day  of ,  18.... 

(Signed),  C D , 

Cleric  of  the  Board  of  School  Inspectors. 

MtaMM 

FORM  No.  5. 

Acceptance  of  Office  by  District  Officers,  to  be  filed  with  the  Director. 
[See  Compiler's  Sections  32,  108,  and  139.] 

I  do  hereby  accept  the  office  of in  school  district  No , 

•of  the  township  of . 

Dated  this day  of ,18... 

<Signed,)  A B 


FORMS  FOR  PROCEEDINGS.  65 

FORM  No.  6. 

Assessor's  Bond. 

[See  Compiler's  Section  52.] 

KNOW  ALL  MEN  BY  THESE  PRESENTS  :    That  we,  A B ,  assessor 

of  school  district  No ,  township  of ,  county  of , 

and  State  of  Michigan,  C D andE F 

[his  sureties],  are  held  firmly  bound  unto  said  district  in  the  sum  of 

[here  insert  double  the  amount  expected  to  come  into  the  assessor's  hands],  to  be 
paid  to  the  said  district;  for  the  payment  of  which  sum  well  and  truly  to  be  made, 
we  bind  ourselves,  our  heirs,  executors  and  administrators,  jointly  and  severally, 
firmly  by  these  presents. 

The  condition  of  the  above  obligation  is  such  that  if  the  said ' 

assessor  as  aforesaid,  shall  faithfully  discharge  the  duties  of  his  office 

as  assessor  of  said  school  district,  and  shall  well  and  truly  pay  over  to  the  person  or 
persons  entitled  thereto,  upon  the  proper  order  therefor,  all  sums  of  money  which 
shall  come  into  his  hands  as  assessor  of  said  district,  and  shall,  at  the  expiration  of 
his, term  of  office,  pay  over  to  his  successor  in  office  all  moneys  remaining  in  his  hands 
as  assessor  aforesaid,  and  shall  deliver  to  his  successor  all  books  and  papers  apper- 
taining to  his  said  office,  then  this  obligation  shall  be  void,  otherwise  of  full  force  and 
virtue. 

Sealed  with  our  seals,  and  dated  this day  of ,18... 

A B ,    [L.S.] 

C D ,    [L.S.] 

E F ,    [L.S.] 

Signed,  sealed,  and  delivered  in  presence  of 


We  approve  the  within  bond. 

(Signed,)  G H .Moderator. 

J K ,  Director. 


FORM  No.  7. 

Notice  of  Annual  Meeting. 
[See  Compiler's  Sections  21,  23  and  48.] 

NOTICE.— The  annual  meeting  of  school  district  No ,  of  the  township  of 

,  for  the  election  of  school  district  officers,  and  for  the  transaction  of  such 

other  business  as  may  lawfully  come  before  it,  will  be  held  at ,  on  Mon- 
day, the  day  of  September,  18..,  at o'clock  ..  M. 

Dated  this day  of  August,  18 .... 

(Signed,)  A B .Director. 


FORM  No.  8. 

Request  to  be  made  by  five  Legal  Voters  of  a  District  to  the  District  Board  for  a  Special 

Meeting. 
[See  Compiler's  Section  22.] 

To  the  District  Board  of  Schoo  I  District  No (or  to  A B one  of  the 

District  Board) : 

The  undersigned,  legal  voters  of  school  district  No ,  of  the  township  of 


66 


FORMS  FOR  PROCEEDINGS. 


,  request  you,  in  pursuance  of  section  15  of  chapter  II.  of  the  general 

school  laws  of  1881,  to  call  a  special  meeting  of  said  district,  for  the  purpose  of 


Dated  this day  of ,  18.... 

(Signed,)  C D , 

E F , 

G H , 

I K , 

L M 

FORM  No.  9. 

Notice  of  Special  Meeting. 
[See  Compiler's  Sections  22  and  23.] 

NOTICE.— A  special  meeting  of  the  legal  voters  of  school  district  No ,  in  the 

township  of ,  called  on  the  written  request  of  five  legal  voters  [or 

called  by  the  district  board,  as  the  case  may  be],  will  be  held  at -....,  on 

the .day  of, ,  18 ,  at o'clock M.,  for   the 

purpose  of  [here  insert  every  object  that  is  to  be  brought  before  the  meeting]. 

(Signed,)  A B ,  Director. 

FORM  No.  10. 
Order  upon  Assessor  for  Moneys  to  be  disbursed  by  him,  with  Receipt  attached. 

[See  Compiler's  Sections  48  and  52.] 
Assessor  of  School  District  No ,  Township  of. : 

SIR,— Pay  to the  sum  of dollars  out  of  any 

wo 

moneys  in  your  hands  belonging  to  the  [here  insert  name  of  fund  on  which  order  is 
drawn,  as  "  teachers'  wages,"  "building,"  etc.]  fund,  on  account  of  [here  state  the 
object  for  which  the  order  is  drawn]. 

Dated  this day  of ,18 

A B .Director. 

[Countersigned:] 
C D .Moderator. 

Received  of  E F ,  assessor  of  school  district  No ,the 

amount  specified  in  the  above  order. 

G H 

FORM  No.  11. 

Warrant  upon  Township  Treasurer  for  Moneys  belonging  to  School  District. 

[See  Compiler's  Sections  48,  52,  and  72.] 

Treasurer  of  the  Township  of. .• .• 

SIR,— Pay  to  A B ,  assessor  of  school  district  No ,  in  said 


FORMS  FOR  PROCEEDINGS.  67 


township,  the  sum  of... dollars,  out  of  [here  insert  the 

100 

particular  fund],  in  your  hands  belonging  to  said  district. 
Dated  at ,  this day  of 18... 

O D .v .Director. 

^Countersigned:] 
E F ,  Moderator. 


FORM  No.  12. 

Certificate  by  District  Board  to  Township  Clerk,  of  District  Taxes  to  be  Assessed. 
[See  Compiler's  Section  37.] 

Clerk  of  the  Township  of .- 

The  undersigned,  district  board  of  school  district  No ,  township  of 

do  hereby  certify  that  the  following  taxes  have  been  voted  by  the  qualified  electors 
of  said  district,  during  the  school  year  last  closed,  and  estimated  and  voted  by  the 
district  board,  tinder  the  provisions  of  law,  viz.: 


For  teachers'  wages 

For  building  purposes 

For  repairs 

For  paying  bonded  indebtedness 

For  fuel 1 

For  library 

For  apparatus 

For  incidental  expenses 

For.. 


Total 


Which  amounts  you  will  report  to  the  supervisor  to  be  assessed  upon  the  taxable 
property  of  said  district  in  accordance  with  the  provisions  of  law. 
Dated  at ,  this day  of ....,18.. 

A B. ,  Moderator. 

C D ,  Director. 

E F ,  Assessor. 


FORM  No.  13. 

Bond  to  be  Given  by  the  Chairman  of  the  Board  of  School  Inspectors. 
[See  Compiler's  Section  54] 

KNOW  ALL  MEN  BY  THESE  PRESENTS:  That  we,  A B ,  the  chairman 

of  the  board  of  school  inspectors  of  the  township  of ,  county  of ? 

and  State  of  Michigan,  and  0 D and  E F [his  sureties]  are 

held  and  firmly  bound  unto  the  said  township,. in  the  sum  of  [here  insert  the  sum  of 
double  the  amount  to  come  into  said  chairman's  hands,  as  nearly  as  the  same  can  be 
ascertained],  for  the  payment  of  which  sum  well  and  truly  to  be  made  to  the  said 


68  FORMS  FOR  PROCEEDINGS. 

township,  we  bind  ourselves,  our  heirs,  executors,  and  administrators,  jointly  and 
severally,  firmly  by  these  presents. 

The  condition  of  this  obligation  is  such  that  if  A. B ,  chairman  of  the 

board  of  school  inspectors,  shall  faithfully  appropriate  all  moneys  that  may  come 
into  his  hands  by  virtue  of  his  office,  then  this  obligation  shall  be  void;  otherwise, 
of  full  force  and  virtue. 

Sealed  with  our  seals,  and  dated  this day  of ,18... 

A B ,  [L.  s.] 

C D ,  [L.  s.] 

E F ,  [L.  s.]. 

Signed,  sealed  and  delivered  in  the  presence  of 


I  approve  the  within  bond. 

(Signed,)  G H ,  Township  Clerk.. 


FORM  No.  14. 

Appointment  of  District  Officers  by  District  Board. 
[  See  Compiler's  Sections  30  and  108. 1 

The  undersigned,  members  of  the  district  board  of  school  district  Nov ? 

township  of ,do  hereby  appoint  A B 

[director,  moderator,  or  assessor,  as  the  case  may  be]  of  said  district,  to  fill  the  vacancy 

created  by  the   [removal,  resignation,  or  death,  etc.]  of  C 

D ,  the  late  incumbent. 

Dated  this day  of ,  18.... 

E F ,  Moderator. 

G H ,  Assessor. 


FORM  No.  15. 

Appointment  of  District  Officers  by  School  Inspectors. 
[See  Compiler's  Sections  30  and  108.  ] 

The  undersigned,  school  inspectors  for  the  township  of ,  do  hereby 

appoint  A B ,  [director,  moderator,  or  assessor,  as  the  case  may 

be]  of  school  district  No ,  in  said  township;  the  district  having  failed  to  elect. 

Dated  this day  of ,  18.... 

C D , 

E F , 

G H , 

Board  of  School  Inspectors. 


FORM  No.  16. 

Notice  of  Meeting  of  Inspectors. 
[  See  Compiler's  Section  15.  ] 

NOTICE.— A  meeting  of  the  board  of  school  inspectors  of  the  township  of 

,  will  be  held  at ,  on  the day  of ,18...,  at 

o'clock M.,  for  the  purpose  of  [here  insert  every  object  that  is  to  be  brought  be. 


FORMS  FOR  PROCEEDINGS.  69 

fore  the  meeting,  and  if  for  the  purpose  of  changing  boundaries  of  districts,  state 
the  alterations  proposed.] 

Dated  this day  of ,18 

A B 

Clerk  of  the  Board  of  School  Inspectors. 


FORM  No.  17. 

Certificate  to  be  given  to  the  Director  of  a  School  District,  by  the  Hoard  of  School  Inspect- 
ors when  they  establish  a  Site. 
[See  Compiler's  Section  89.] 

The  inhabitants  of  school  district  No ,  township  of ,  having 

failed,  at  a  legal  meeting,  to  establish  a  site  for  a  school-house,  the  board  of  school 
inspectors  hereby  certify  that  they  have  determined  that  the  said  site  shall  be  as 
as  follows  [here  insert  description.] 

Given  under  our  hands  this day  of ,18 

A B , 

C D , 

E F , 

Board  of  School  Inspectors. 


FORM  No.  18. 

Warrant  on  the  Township  Treasurer  for  Library  Moneys. 

[See  Compiler's  Section  113.] 
To  the  Treasurer  of  the  Township  of  ........  ,  County  of  ........  .- 

SIR,  —  Pay  to  ..............  ,  chairman  of  the  board  of  school  inspectors,  the  sum  of 

..........  —  dollars,  from  the  library  moneys  in  your  hands,  or  to  come  into  your 

100 

hands,  the  same  being  for  the  support  of  the  library  of  said  township. 
Dated  at  ..........  ,  this  ......  day  of  ..........  ,18... 

A.  __,_.._  B  .......... 


E  ........  F  ..........  , 

Township  Board  of  School  Inspectors. 

REMARK.—  In  case  one  or  more  district  libraries  are  established  in  a  township  the  library 
moneys  clue  such  districts  are  payable  on  the  order  of  the  district  officers.    (See  Form  No.  11.) 


FORM  No.  19. 

tfbtice  by  the  Township  Treasurer  to  the  Township  Clerk  of  Moneys  to  be  Apportioned  to 

Districts. 
[See  Compiler's  Sections  72  and  73.] 

To  the  Clerk  of  the  Township  of ,  County  of 

SIR, — I  have  now  in  my  hands  for  apportionment  to  the  several  school  districts  of 
this  township  the  following  moneys: 

Pri mary  school  i nterest  fund $ 

Library  moneys  received  from  county  treasurer 

One  mill  tax 

Surplus  clog-tax 


72  FORMS  FOR  PROCEEDINGS. 


party  of  the  first  part,  have  hereunto  set  their  hands  and  seals,  this day 

of ,18.... 

A B ,  [SEAL.] 

0 D...  ,  [SEAL.] 

Signed,  sealed,  and  delivered  in  presence  of 

E F._ , 

G H 

STATE  OF  ,      ) 

County  of fm 

On  this day  of in  the  year  one  thousand  eight  hundred  and 

,  before  me  I.. K a ,  in  and  for  said  county. 

personally  appeared, ,  and ,  his  wife,  to  me  known 

to  be  the  same  persons  described  in  and  who  executed  the  within  instrument,  who 
severally  acknowledged  the  same  to  be  their  free  act  and  deed. 
"Witness  my  hand  and  official  seal,  the  day  and  year  last  above  named. 

I K [SEAL] 


FORM  No.  24. 
Lease  to  School  District. 
[See  Compiler's  Section  35.] 

KNOW  ALL  MEN  BY  THESE  PRESENTS:  That  A B ,  of  the 

township  of ,  county  of ,and  State  of , 

of  the  first  part,  for  the  consideration  herein  mentioned,  does  hereby  lease  unto 

school  district  No ,  in  the  township  of ,  county  of , 

and  State  of  Michigan,  party  of  the  second  part,  and  their  assigns,  the  following  par- 
cel of  land,  to  wit:  [Here  insert  description],  with  all  the  privileges  and  appurte- 
nances thereunto  belonging;  to  have  and  to  hold  the  same  for  and  during  the  term 

of years  from  the day  of ,18....    And  the 

said  party  of  the  second  part,  for  themselves  and  their  assigns,  do  covenant  and  agree 
to  pay  the  said  party  of  the  first  part,  for  the  said  premises,  the  annual  rent  of 

dollars. 

In  testimony  whereof,  the  said  parties  have  hereunto  set  their  hands  and  seals,  this 

day  of ,18 

A B ,  [SEAL.] 

Lessor. 
C D 

~C*  TT1 

G^\\\\"~.~.~.~.~H~iLir_r_r. 

District  Board  of  School  District  No of  the  aforesaid  Township. 

Signed  and  sealed  in  the  presence  of 

I K , 

L M 

FORM  No.  25. 

Contract  for  Building  a  School-House. 
[See  Compiler's  Section  35.] 

Contract  made  and  entered  into  between  A B ,  of  the  township  of 

,  in  the  county  of ,  and  State  of  Michigan,  and  C D , 

E F ,  and  G H ,  composing  the  district  board  of  school  district 

itfo ,  of  the  township  of ,  in  the  county  of ,  and  State  of 

Michigan,  and  their  successors  in  office. 

In  consideration  of  the  sum  of  one  dollar  in  hand  paid,  the  receipt  whereof  is  hereby 
acknowledged,  and  of  the  further  sum  of dollars,  to  be  paid  as  herein- 


FORMS   FOR   PROCEEDINGS.  73 

after  specified,  the  said  A  .......  B  .......  hereby  agrees  to  build  a  ..........  school- 

house,  and  to  furnish  the  material  therefor,  according  to  the  plan  and  specifications 
for  the  erection  of  said  house,  hereto  appended,  at  such  point  in  said  district  as  said 
district  board  may  designate.    The  said  house  is  to  be  built  of  the  best  material,  in 
a  substantial,  workman-like  manner  ;  and  is  to  be  completed  and  delivered  to  the 
said  district  board  or  their  successors  in  office,  free  from  any  lien  for  work  done  or 
material  furnished,  by  the  ........  day  of  .....  ____  ,18..     And  in  case  the  said  house 

is  not  finishectby  the  time  herein  specified,  the  said  A  ........  B  ........  shall  forfeit 

and  pay  to  the  said  district  board  or  their  successors  in  office,  for  the  use  of  said  dis- 
trict, the  sum  of  ..........  dollars,  and  shall  also  be  liable  for  all  damages  that  may 

result  to  said  district  in  consequence  of  said  failure. 

The  said  district  board  or  their  successors  in  office,  in  behalf  of  said  district,  hereby 
agree  to  pay  the  said  A  _________  B  ........  the  sum  of  ..............  dollars  when  the 

foundation  of  said  house  is  finished  ;  and  the  further  sum  of  ................  dollars 

when  the  walls  are  up  and  ready  for  the  roof;  and  the  remaining  sum  of  ............ 

dollars  when  the  said  house  is  finished  and  delivered  as  herein  stipulated. 

It  is  further  agreed  that  this  contract  shall  not  be  sub-let,  transferred  or  assigned 
without  the  consent  of  both  parties. 

Witness  our  hands  this  .  ...........  day  of  ........  ____  ,18... 

A  ........  ..   B  ..........  , 

Contractor. 


E  ..........   F  ..........  , 

G  ..........  II  ..........  , 

District  Board. 


[FORM  No.  26.] 

Contract  between  District  Board  and  Teacher. 
[See  Compiler's  Sections  38,  40,  56,  109,  and  128.] 

it  is  hereby  contracted  and  agreed  between  the  district  board  of  school  district  Xo. 

,  in  the  township  of ,  county  of ,  and  State  of  Michigan, 

and  A B ,  a  legally  qualified  teacher  in  said  township,  that  the  said 

A B ,  shall  teach  the  school  of  said  district  for  the  term  of 

months,  commencing  on  the day  of ,18...:  and  the  said 

A B agrees  faithfully  to  keep  a  correct  list  of  the  pupils,  and  the 

age  of  each  attending  school,  and  the  number  of  clays  each  pupil  is  present,  and  to 
furnish  the  director  of  the  district  with  a  correct  copy  of  the  same  at  the  close  of  the 
school;  and  to  observe  and  enforce  the  rules  and  regulations  established  by  the 
district  board. 

The  said  district  board,  in  behalf  of  said  district,  agrees  to  keep  the  school-house 
in  good  repair,  to  provide  the  necessary  fuel,  to  keep  the  school-house  in  comforta- 

able  condition,  and  to  pay  said  A B for  the  said  services  as 

teacher,  to  be  faithfully  and  truly  rendered  and  performed,  the  sum  of dol- 
lars per  month,  the  same  being  the  amount  of  wages  above  agreed  upon,  to  be  paid 

on  or  before  the day  of ,18...:  Provided.,  That  in  case  said  A 

B shall  be   dismissed   from   school,  by  the  district  board,  for  gross 

immoral iry,  or  violation  of  this  contract,  or  shall  permit  h certificate  of  qualifica- 
tion to  expire,  or  shall  have  said  certificate  annulled  or  suspended  by  the  county 
board  of  school  examiners,  or  other  lawful  authority,  h... shall  not  be  entitled  to  any 
compensation  from  and  after  such  annullrnent,  suspension,  or  dismissal. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names,  this day  of 

C D _ ) 

K F \-DistrictBoard. 

G II ) 

A B ,  Teacher. 


74 


FORMS  FOR  PROCEEDINGS. 


i: 

"    c? 
0 

!!' 

-        Cw 

CO 
1—  t 

"55    ®     o 

r+  &•'*'& 

id  correct  register  of  said  school. 
A  B  ..,  Teacher. 

cher,  should  be  filed  with  the  Director  of  the  District  immediately  after  the  close  of  the  school, 
esigned  to  embrace  the  number  of  days  present  each  week,  and  the  sum  of  days  present  during  the 

i)  refer  to  "JanuarvG"  in  the  left  hand  column  under  the  head  of  "Attendance  in  days,"  etc. 
.  To  ascertain  the  average  number  of  days  scholars  attend  school,  add  together  the  numbers  of 
n)  and  divide  this  sum  by  the  number  of  pupils  who  have  attended  school, 
te  it  upon  the  register  for  the  convenience  of  the  Director. 

\ 

PI 

3 

o 

1 

o 
M 

in 
M 

a 
p 

PH 
I 

-u,.MnoUHA!D 

* 

'.CIOJSJH  *S  'Jl 

' 

uwmnwo 

* 

•4q*u*»0 

* 

# 

•o^utuuv 

* 

• 

•3unuAV 

* 

*a|p*H 

* 

* 

* 

•A^Sotnao 

* 

* 

* 

ui    eoinipcionv    l«l°JL 

co 

00 

S5 

ATTENDANCE  IN  DAYS  FOR  WEEK  COMMENCING 

[FORM  No.  27 
Teacher's  General  I 
[See  Compiler's  Secti 
REGISTER  of  the  School  taught  in  District  No  ,  of  the  Tovvnsh 
State  of  Michigan,  for  the  Term  commencing  on  the  day  of.. 
,  IS  

•Ol^maq^ 

4 

0 

•^ 

'g  A"jBtl4q3l>[ 

* 

CO 

O 

75  /CjBnuiif 

0 

co 

•0S^,uullf 

•** 

o 

« 

•(JX  A"a«nu«p 

co 

rfi 

•9  A'junuux' 

o 

-# 

co 

I  hereby  certify  tliat  the  above  is  j 

NOTE  —  The  above  register,  properly  certif 
Each  column  under  the  hend  of  "Attendance 
term  given  in  the  twentieth  column  to  the  rip 
The  words  "for  weeks  commencing"  (in  t 
The  star,  thus  *,  denotes  the  studies  pursued 
clays  of  attendance  of  all  the  pupils  (as  found 
«®°  The  teacher  should  make  out  this  avert 

PUPILS. 

W 

fc- 

» 

0 

8 

B 

d 

fe 

'OX 

*? 

(M 

co 

APPENDIX    C. 


KULES    FOR    SCHOOL    LIBRAETES. 


XOTE. — The  following  regulations  for  the  management  of  school  libraries  are  pre- 
pared in  accordance  with  the  provisions  of  compiler's  sections  3  and  114  of  the 
general  school  laws.  As  given,  these  rules  are  suitable  for  township  libraries;  if  it 
be  desired  to  adapt  them  to  the  needs  of  district  libraries,  a  few  slight  changes, 
which  are  readily  apparent,  will  be  necessary. 

1.  The  librarian  shall  have  charge  of  the  library,  and  keep  a  catalogue  of  all 
the  books  belonging  to  the  library,  in  a  book  to  be  provided  for  that  purpose. 

2.  Every  volume  in  the  library  shall  have  pasted  on  the  inside  of  the  cover  a 
printed  label,  giving  the  name  of  the  township;    the  number  of  the  volume; 
and  the  fine  for  not  returning  it  within  the  specified  time,  and  for  the  loss  of 
or  injury  to  any  book. 

3.  Every  volume  loaned  shall  be  entered  by  the  librarian  in  a  book  to  be  pro- 
vided for  that  purpose,  by  its  catalogue  number,  with  the  day  on  which  it  was 
loaned,  the  name  of  the  borrower,  and  the  name  of  the  person  to  whom  it  is 
charged  (see  regulation  5),  the  date  when  returned  and  condition  of  the  book, 
and  the  fine  assessed  for  detention  or  injury  done  to  the  book,  as  in  the  follow- 
ing form : 


Date  of 
Delivery. 

No.  of  book 
Delivered. 

To  whom 
Delivered. 

To  whom 
Charged. 

When 
Returned. 

Condition 
when 
Returned. 

Fine  for 
Detention. 

Fine  for 
Injury. 

4.  No  person  shall  be  allowed  to  have  more  than  one  volume  at  a  time,  or  to 
retain  the  same  longer  than  two  weeks;  nor  shall  any  person  who  has  incurred 
a  fine  imposed  by  these  regulations,  receive  a  book  while  such  fine  remains 
unpaid. 

5.  Books  may  be  loaned  to  minors  and  charged  to  their  parents,  guardians, 
or  other  persons  with  whom  they  reside,  who  shall  be  responsible  for  the  books 
under  these  regulations. 

6.  On  the  election  of  a  librarian,  his  predecessor  shall,  within  ten  days  there- 
after, deliver  to  him  all  the  printed  and  manuscript  books,  pamphlets,  papers, 
cases  and  all  other  property  belonging  to  the  library  which  was  in  his  custody, 
for  which  the  librarian  shall  give  him  a  full  receipt,  discharging  him  from  all 
responsibility  therefor,  except  in  the  case  herein  provided;    and  on  receiving 


76  KULES  FOR  SCHOOL  LIBRARIES. 

the  library  property,  the  librarian  shall  carefully  examine  all  books  and  other 
property  appertaining  to  the  library,  and  if  any  loss  or  injury  shall  have  been 
sustained,  for  which  a  fine  has  not  been  imposed  by  his  predecessor,  or  for  which 
a  fine  has  been  imposed  but  not  certified  by  him  to  the  treasurer  of  the  board 
of  school  inspectors,  the  librarian  shall  certify  the  amount  thereof  to  said  treas- 
urer, who  shall  collect  the  same  of  such  predecessor  in  the  same  manner  as 
other  fines  are  collected. 

7.  In  case  of  vacancy  in  the  office  of  librarian,  the  township  clerk  shall  per- 
form the  duties  of  librarian  until  the  vacancy  is  filled. 

8.  If  any  person,  having  held  the  office  of  librarian,  shall  neglect  or  refuse 
to  deliver  to  his  successor  all  the  library  property,  as  prescribed  in  the  sixth 
regulation,  the  treasurer  of  the  board  of  school  inspectors  shall  forthwith  com- 
mence an  action  in  the  name  of  the  township  for  the  recovery  of  the  property 
he  shall  so  neglect  or  refuse  to  deliver. 

9.  On  the  return  of  every  book  to  the  library,  the  librarian  shall  examine  it 
carefully,  to  ascertain  what  injury,  if  any,  has  been  sustained  by  it,  and  shall 
charge  the  amount  of  the  fine  accordingly. 

10.  The  following  fines  shall  be  assessed  by  the  librarian  as  herein  provided: 
First,  For  detaining  a  book  beyond  two  weeks,  five  cents  per  week; 
Second,  For  the  loss  of  a  volume,  the  cost  of  the  book,  and  if  one  of  a  set  an 

amount  sufficient  to  purchase  a  new  set; 

Third,  For  a  leaf  of  the  text  torn  out  or  lost,  or  so  soiled  as  to  render  it 
illegible,  the  cost  of  the  book;  and  if  one  of  a  set  the  cost  of  a  new  set; 

Fourth,  For  any  injury  beyond  ordinary  wear,  an  amount  proportionate  to 
the  injury,  to  be  estimated  by  the  librarian,  subject  to  revision,  upon  appeal,  by 
the  board  of  school  inspectors ; 

Fifth,  Whenever  any  book  shall  not  be  returned  within  six  weeks  from  the 
time  it  was  loaned,  it  shall  be  deemed  to  be  lost,  and  the  person  so  detaining  it 
shall  be  charged  with  its  cost  in  addition  to  the  weekly  fine  for  detention,  up 
to  the  time  such  charge  is  made.  But  if  the  book  be  finally  returned,  the 
charge  for  loss  shall  be  remitted;  and  the  fine  for  not  returning  the  book  shall 
be  levied  up  to  the  time  of  such  return :  Provided,  That  in  no  case  shall 
the  amount  of  weekly  fines  exceed  double  the  cost  of  the  book. 

11.  On  the  third  Monday  of  August,  November,  February,  and  May,  and 
also  immediately  before  he  vacates  his  office,  the  librarian  shall  report  to  the 
treasurer  of  the  board  of  school  inspectors  the  name  of  every  person  liable  for 
fines,  and  the  amount  each  of  such  persons  is  liable  to  pay;  and  said  treasurer 
shall  immediately  proceed  to  collect  the  same,  and  if  not  paid,  he  shall  forth- 
with bring  an  action  in  the  name  of  the  township  for  the  recovery  thereof. 

12.  The  library  fines  collected  shall  first  be  applied  to  the  replacing  of  lost 
volumes,  binding  pamphlets,  and  rebinding  such  books  as  may  require  it. 

13.  On  the  first  Monday  of  September  in  each  year,  the  librarian  shall  report 
to  the  township  board  of  school  inspectors  as  follows: 

First,  The  number  of  volumes  in  the  library; 

Second,  The  number  of  volumes  purchased  during  the  year; 

Third,  The  number  of  volumes  presented  during  the  year; 

Fourth,  The  number  of  volumes  loaned  during  the  year  [counting  each  vol- 
ume once  for  each  time  it  is  loaned] ; 

Fifth,  The  amount  of  fines  assessed; 

Sixth,  Such  other  items  as  the  board  of  school  inspectors  may  require  for 
their  annual  report  to  the  superintendent  of  public  instruction. 


INDEX. 


PAGE. 
ABSTKACTS : 

of  school  inspectors'  reports,  §1 8 

ACCEPTANCE  OF  OFFICE: 

filed  with  and  recorded  by  director, §§32,  108 16,35 

neglect  to  file  vacates  office,  §29 16 

penalty  for  Jailing  to  file,  §139  .  43 

ACCOUNTS: 

of  director,  §§48, 109 20,35 

inspectors,  §57 '. 23 

members  of  board  of  school  examiners,  §135...  43 

ACTION : 

against  school  districts,  §§82.  88 28 

relative  to  obtaining  site,  §§89. 103 29 

ADJOURNMENTS: 

of  district  meetings,  §27 14 

proceedings  to  obtain  site,  §99. .,  32 

ADMISSION  OF  PUPILS: 

non-resident,  §46 19 

resident,  §45 19 

to  high  school,  §109.. 35 

AGENTS  FOR  SCHOOL  BOOKS,  ETC.: 

officers,  superintendents  and  teachers  not  to  act  as,  §146 45 

AGRICULTURAL  SCHOOL: 

to  be  provided,  con.  prov.,art.  xiii.,  sec.  11 7 

ALIENS : 

not  eligible  to  office,  §31 16 

ALTERATION: 

in  boundaries  of  districts,  §§15-18 11 

graded  school  districts,  §110 36 

of  school-house  sites,  §89 29 

(See  School  Districts;  also,  Township  Board  of  Inspectors.} 
ANNUAL  MEETINGS: 

(See  District  Meetings.} 
ANNULMENT  OF  CERTIFICATES: 

by  county  board  of  school  examiners,  §130. 

state  board  of  education,  §165 49 

normal  school,  §164 48 

APPARATUS: 

director  not  to  purchase  unless  authorized,  §48 20 

tax  may  be  voted  for  the  purchase  of,  §27 15 

APPEAL : 

from  inspectors  to  township  board,  §§104-106 33 

APPENDAGES  TO  SCHOOL-HOUSE: 

tax  may  be  voted  for  procuring,  §27 

to  be  provided  by  director,  §48 20 

APPOINTMENT: 

of  bui Idi ng  commi ttee,  §27 

conductor  of  teachers'  institute,  §157 

clerk  of  meeting  in  director's  absence,  §27 14 


78  INDEX. 


PAGE. 
APPOINTMENT  (Continued) : 

of  deputy  superintendent  of  public  instruction,  §2 

district  officers  in  case  of  vacancy,  §30 16 

trustees  in  case  of  vacancy,  §108 35 

first  meeting  of  a  district,  §9 10 

librarian  of  library,  §115 36 

member  of  board  of  school  examiners  in  case  of  a  vacancy,  §136 43 

person  to  take  school  census,  §49 20 

state  officers,  in  case  of  vacancy,  con.  prov.,  art.  viii,  sec.  3  ..  5 
APPORTIONMENT: 

of  library  moneys,  §121 37 

moneys  collected  in  fractional  districts,  §74 26 

on  division  of  a  district.  §71 26 

raised  by  taxes,  §64 '. * 24 

to  districts  by  township  clerk,  §63 24 

one-mill  tax,  §66 24 

primary  school  interest  fund,  §§4,  6 9 

county  clerk's  duties,  §76 26 

county  treasurer's  duties,  §77 2j? 

property,  on  division  of  a  district,  §§19,  20 11 

tax  assessed  before  and  collected  after  division  of  district,  §71 26 

township  treasurer's  duties  in  relation  to,  §64 24 

ASSESSMENT  OF  TAXES: 

(See  Taxes.) 
ASSESSOR: 

acceptance  of  office,  §§32, 108. . 16,35 

a  member  of  district  board,  §33 16 

board  of  inspection  at  election  to  vote  bonds,  §78 27 

and  moderator  to  audit  director's  accounts,  §48 20 

bond  required,  §52 ,  21 

election,  and  term  of  office  of,  §§28, 108 15,35 

•may  be  removed  from  office,  §145 44 

money  paid  to  from  old  district,  §67 25 

penalty  for  neglecting  duties,  §139 43 

summons  to  be  served  on,  in  suits,  §83 28 

to  appear  for  district,  in  suits,  §52 22 

certify  judgment  against  district  to  supervisor,  §§85-87 28 

collect  damages  from  township  clerk  or  supervisor,  §144 44 

keep  record  of  receipts  and  expenditures,  §52 21 

pay  orders,  legally  drawn,  from  proper  funds,  §52 21 

report  to  district  board  receipts  and  disbursements, §52 21 

warrants  on  township  treasurer  payable  to,  §48 19 

(See  District  Board:  also.  Moneys.} 
ASSOCIATIONS : 

teachers  may  form,  §168 50 

ASYLUMS : 

for  deaf,  dumb,  and  blind,  con.  prov.,  art.  xiii,  sec.  10 7 

ATTACHMENT: 

to  enforce  attendance  in  certain  proceedings.  §93..  30 
ATTENDANCE: 

of  jurors  and  witnesses  on  certain  proceedings,  §93  .  30 
BALLOT : 

election  of  officers  to  be  by,  §§28,107 15,35 

BLIND: 

institution  for,  con.  prov.,  art.  xiii,  sec.  10  ..  7 
BOARD,  DISTRICT: 

(See  District  Board.} 
BOARD  OF  EDUCATION: 

(See  State  Board  of  Education.) 
BOARD  OF  INSPECTION: 

at  election  to  vote  on  issuance  of  bonds,  §78..                         27 

BOARD  OF  INSTRUCTION: 

of  state  normal  school  may  grant  certificates,  §164 48 

BOARD  OF  REGENTS: 

of  university,  con.  prov.,  art.  xiii-,  sec.  7 6 


INDEX.  79 


PAGE. 
BOARD  OF  SCHOOL  EXAMINERS: 

(See  County  Board  of  School  Examiners.) 
BOARD  OF  SCHOOL  INSPECTORS: 


(See  Township  Board  of  School  Inspectors.} 
BOARD  OF  TRUSTEES  IN  GRADED  SCH 


SCHOOL  DISTRICTS: 

consent  of,  to  be  obtained  to  alteration  in  district,  §110 36 

election  and  term  of  office  of,  §107 35 

officers  of,  §108 35 

powers  and  duties  of,  §109 35 

vacancy  in,  how  filled,  §108 35 

(See  District,  Board ;  also,  Graded  School  Districts.} 
BOARD,  TOWNSHIP: 

(See  Township  Board.) 
BOARDS: 

when  authorized  to  examine  teachers,  to  collect  fees,  §154  .  46 

BOND: 

liability  of  county  treasurer  on,  §96 31 

of  appellants  from  inspectors'  action,  §105 34 

assessor,  §52 21 

chairman  of  board  of  school  inspectors,  §54.  _  22 

BONDS: 

election  to  vote  on  issuance  of,  §78 27 

limitations  of,  §78 27 

maybe  issued  for  money  borrowed,  §79 „ 27 

paid  by  issuing  further  bonds,  §81 28 

tax  may  be  voted  to  redeem,  §80 28 

BOOKS,  LIBRARY: 
(See  Libraries.} 
BOOKS  OF  RECORDS: 

(See  Records.} 
BOOKS,  SCHOOL: 

(See  Text  Books.} 
BOUNDARIES  OF  DISTRICTS: 

alterations  in,  §§15-18 10,  11 

described  in  first  notice,  §9 10 

map  to  be  made  showing,  §61, 23 

of  graded  school  districts,  §110 36 

(See  School  Districts;  also.  Township  Board  of  School  Inspectors.} 
BUILDING  C OM M 1 T T E E  : 

voters  may  appoint  and  prescribe  duties,  §27 15 

BUILDINGS': 

(See  School  Houses.} 
BY-LAWS: 

(See  Regulations.} 
CENSUS  OF  SCHOOL  DISTRICTS: 

when  and  how  taken,  §49 

time  of  taking  not  changed  in  graded  school  districts,  §21 12 

CERTIFICATE : 

of  court  in  proceedings  to  obtain  site,  §94 

inspectors  on  establishing  site,  §89 

to  supervisor,  of  taxes  to  be  assessed,  §§62,  68 23,  25 

township  clerk,  of  district  taxes,  §37 17 

CERTIFICATES  OF  QUALIFICATION  TO  TEACHERS: 

fee  to  be  paid  on  obtaining,  §154 

given  by  county  board  of  school  examiners,  §§128,  129 39,40 

state  board  of  education,  §165.. 49 

norm al  school,  §164 

grades  of,  and  requisite  qualifications  to  obtain,  §129 40 

list  of  teachers  having,  to  be  furnished  township  clerks,  §133 

necessity  of  having,  to  entitle  to  pay,  §§38,  40,  56 17,18,22 

record  o'f,  to  be  kept  by  secretaiy  of  board  of  examiners,  §133 

revocation  or  suspension  of,  §130 40 

CHAIRMAN: 

of  board  of  school  examiners,  §126 

inspectors,  §53 22 


80  INDEX. 


PAGE. 
CH AIRM  A  N  ( Continued)  : 

of  board  of  school  inspectors,  compensation  of,  §135 43 

duties  relative  to  election  of  school  examin- 
ers, §125 

duties  relative  to  supervision  of  schools,  §134  42 

to  give  bond,  §54 22 

first  meeting  of  district,  §§9, 138 10,43 

meeting  may  arrest  disorderly  person,  §26 34 

be  appointed  in  absence  of  moderator,  §27 14 

to  give  oath  to  challenged  voter,  §25 13 

CHALLENGE: 

of  voter  at  district  meetings,  §25 

juror  in  proceedings  to  obtain  site,  §93 30 

CHILDREN: 

census  1  i s t  of,  §49 

(See  Pupils.) 
CLASSIFICATION  OF  PUPILS: 

(See  Pupils.) 
CLERK: 

of  board  of  school  inspectors,  §§53,  59 22,23 

county,  (See  County  Clerk.) 

district,  di rector  to  be,  §48 

township,  (See  Township  Clerk.) 
COLLECTION: 

of  damages  for  not  reporting  and  assessing  taxes,  §144 

fines  for  injuring  library  books,  §114 

institute  fees  from  teachers,  §154 

judgment  against  district,  §§84-88 28,  29 

penalties,  §§141-144 43,  44 

taxes,  §§65-74 : 24-20 

COMMITTEE  ON  BUILDING: 

voters  may  appoint  and  prescribe  duties,  §27 15 

COMPENSATION: 

for  site  determined  by  jury,  §94 

of  chairman  of  board  of  school  inspectors,  §135 42 

inspectors,  for  meetings,  limited,  §58 

members  of  county  board  of  school  examiners,  §135 

state  board  of  education,  §167 

officers  and  jurors  in  proceedings  to  obtain  site,  §102. 

in  school  districts,  §§27,  109 15,  35 

secretary  of  county  board  of  school  examiners,  §135 42 

teachers,  §§40,  109 18,  35 

CONDUCTOR: 

of  teachers'  i nst i tutes,  §157 47 

CONSOLIDATION  OF  DISTRICTS: 

(See  School  Districts;  also.  Township  Board  of  School  Inspectors.} 
CONSTITUTIONAL  PROVISIONS: 

agricultural  school,  art.  xiii.  sec.  11 7 

districts  may  be  deprived  of  public  moneys,  art.  xiii,  sec.  5 

escheats  of  lands  to  the  state,  art.  xiii,  sec.3.. 

free  schools  to  be  maintained,  art.  xiii,  sees.  4, 5 

institutions  for  deaf,  dumb,  and  blind,  art.  xiii, sec.  10 

li braries  to  be  provi ded,  art.  xiii,  sec.  12 

regents  of  the  university,  art.  xiii,  sees.  6-8 

school  funds,  art.  xiii,  sec. 2 

state  board  of  education,  sec.  9. 

officers  to  be  elected,  art.  viii,  sec.  1 

term  of  office,  art.  viii,  sec.  2 5 

vacancy  in  office,  how  filled,  art.  viii,  sec.  3 

where  to  keep  offices,  art.  viii,  sec.l 5 

CONTRACT: 

to  furnish  library  books,  §124... 

with  teachers,  §§40,  109 18,  35 

CORPORA!1  K  PO  W  E R S : 

of  districts,  §14. .- 11 

teachers'  associat ions,  §170 50 


INDEX.  81 


PAGE. 
CORPORATION: 

teachers  may  form,  §§168-170 50 

COUNTY  BOARD  OK  SCHOOL  EXAMINERS: 

compensation  of  members  of,  §135 42 

county  clerk's  duties  in  relation  to  election  of,  §125 38 

duties  of  secretary  of  board.  §133 41 

election  and  term  of  office  of,  §125 38 

grades  of  certificates  issued  by,  §129 40 

may  hold  special  meetings,  §132 41 

suspend  or  revoke  certificates,  §130 40 

removal  of,  from  office,  §136 43 

schedule  of  meetings  for  examinations  to  be  published, §127 39 

to  elect  secretary  of  board,  §126 39 

file  oaths  of  office,  §125 38 

hold  joint  meetings  with  inspectors,  §131 41 

meetings  for  examination  of  teachers,  §127 39 

whom  certificates  may  be  granted,  §128 39 

vacancies  in  board,  how  filled,  §136 .... 43 

what  schools  exempt  from  supervison  of, §137 43 

when  officers  in  certain  districts  may  examine  teachers,  §137 43 

to  organize  as  a  board,  §126 39 

(See  Chairman  of  Board  of  Inspectors  ;  also,  Secretary  of  Board  of  Exam- 
iners.) 
COUNTY  CLERK: 

duties  in  proceedings  to  obtain  site,  §97 32 

relation  to  apportionment  of  moneys,  §§76, 120 26,  38 

election  of  school  examiners,  §125 39 

i nspectors'  repor  t  s,  §§76, 142 26,  44 

to  draw  order  on  count}7  treasurer  for  institute  moneys,  §158 47 

receive  and  dispose  of  communications,  etc.,  sent  by  state  superintend- 
ent, §75 26 

COUNTY  INSTITUTES: 

(See  Teachers'  Institutes.} 
COUNTY  TREASURER: 

liability  on  bond,  §96 31 

money  for  site  deposited  with,  §§96,  101 31,  33 

statements  of  apportionment  filed  with,  §§76,  120 26,  37 

to  apply  to  state  treasurer  for  certain  moneys,  §77 27 

apportion  library  moneys,  §121 

notify  township  clerk  and  treasurer  of  moneys,  §77 27 

pay  teachers'  institute  fund  on  order  of  clerk,  §158 47 

township  treasurer  township  moneys,  §77 27 

set  apart  institute  fees  as  institute  fund,  §155 46 

vouchers  for  payments  at  teachers'  institutes  filed  with,  §161.. 48 

COURSE  OF  STUDY: 

to  be  prescribed  for  schools,  §§42,  109 18,  35 

CRIMES  AND  OFFENSES: 

disturbing  district  meeting,  §26 14 

school,  §44 18 

illegal  use  of  moneys,  §177 51 

(See  Penalties.'} 
DAMAGES: 

to  be  collected  from  certain  officers  for  neglect  of  duties,  §144 44 

books  in  libraries,  §114 36 

DEAF,  DUMB,  AND  BLIND: 

institutions  for,  con.  prov.,  art. xiii,  sec.  10 7 

DECISIONS  OF  SUPREME  COURT: 

(See  Digest  of  Supreme  Court  Decisions.) 
DEED: 

to  school-house  site,  §35 16 

DELIVERY  OF  BOOKS,  ETC.,  TO  SUCCESSOR  IN  OFFICE: 

by  assessor  of  district,  §52 

director  of  district,  §48 20 

superintendent  of  public  instruction.  §7 9 

DEPUTY  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION: 

appointment  and  duties  of,  §2 8 


82  INDEX. 


PAGE. 
DIAGRAM: 

(See  Maps.') 
DIGEST  OP  SUPREME  COURT  DECISIONS—  (Appendix  A.) 

admission  of  colored  children  to  school.  160 

appeals  from  action  of  inspectors,  114-9 53,  54 

contracts  with  teachers,  1138-45 - 57,  58 

district  moneys,  warrants  and  orders,  1121-37 55,56,57 

graded  and  high  school  districts,  1172-78 

liabilities  of  school  districts,  1146-58 58,59 

library  moneys,  1179-81 

miscellaneous,  1182-84 

powers  of  board  of  school  inspectors,  11 1-3, 82 53.  62 

township  board,  1110-20,  84 54,55,  62 

school  sites  and  school-houses,  1161-71 59,  60 

tuition  of  non-resident  pupils,  159 59 

DIPLOMAS: 

to  graduates  of  state  normal  school,  §163 48 

DIRECTOR: 

acceptance  of  office,  §§32, 108 16,35 

accoun ts  o  f,  §§48 ,109 20,  35 

a  member  of  district  board,  §33 

board  of  inspection  at  election  to  issue  bonds,  §78 

and  assessor  to  certify  certain  payments  to  supervisor,  §67 

moderator  to  approve  bond  of  assessor,  §52 

execute  bonds  of  district,  §79 

appointment  of,  in  case  of  vacancy, §30 

clerk  in  absence  of,  §27 

election  and  term  of  office  of,  §§28, 108 15,35 

of  fractional  district,  to  whom  to  report,  §51 

judgment  certified  to,  by  assessor,  §85 

may  be  removed  by  township  board,  §145 

penalty  for  neglect  to  accept  office  or  perform  duties,  §139 

reports  of,  to  be  filed  with  township  clerk,  §50 

record  of,  relative  to  organization  of  district,  §13 

to  be  clerk  of  district,  §48 

furnished  with  register  of  school,  §40 

notified  of  alterations  in  district,  §18  ...    

moneys  to  be  apportioned,  §64 

site  fixed  by  inspectors,  §89 

draw  and  sign  warrants  and  orders,  §48 

file  census  list  with  township  clerk,  §49 

give  notices  of  meetings,  §48 

have  custody  of  school-house  and  property,  §41 

keep  account  of  expenses,  §48 _ 

school-house  in  repair,  §48 

make  reports  to  inspectors,  §50 

present  estimates  to  annual  meeting,  §48 

warrants  and  orders  to  moderator  to  be  countersigned,  §48 

provide  appendages  to  school-house,  §48 

record  acceptances  of  offices,  §32  

notice  of  first  meeting,  §9 

take  annual  school  census,  §49 

(See  District  Board.') 
DISORDERLY  PERSONS: 

to  be  taken  into  custody,  §26 

DISTRIBUTION  OF   MONEYS: 

(See  Apportionment. ^ 
DISTRICTS,  SCHOOL: 

(See  School  Districts. .) 
DISTRICT    BOARD: 

acceptance  of  office  by  members,  §§32,  103 1C,  35 

appointment  to  vacancy  in,  §§30, 108 16,  35 

chairman  of  board  of  school  inspectors  to  consult  with,  §134 

director  to  be  clerk  of,  §47 

election  and  terms  of  office  of  members,  §§28. 107 " 15,  35 


INDEX.  S3 


PAGE. 
DISTRICT  BOARD  (Continued): 

may  admit  non-resident  pupils,  §40 ID 

appoint  persons  to  take  school  census,  §49 20 

classify  pupils,  §§45,109.. 19,  35 

determine  certain  matters  when  meeting  fails,  §27 15 

donate  or  sell  library  books  to  township  library,  §123 38 

fix  rates  of  tuition  to  non-resident  pupils,  §45 19 

suspend  or  expel  disorderly  pupils,  §44 IS 

to  apply  for  jury  in  suit  to  obtain  site,  §90 29 

moneys  according  to  law,  §38 17 

build,  hire,  or  purchase  school  house,  §35 16 

call  meetings  of  district,  §22 12 

establish  rules,  etc.,  for  school,  §44 18 

estimate  amount  for  support  of  school,  §36 17 

have  care  of  school  house  and  property,  §41 18 

management  of  district  library,  §117 37 

hire  teachers,  §§40, 109 18,  35 

make  statement  of  finances  to  annual  meeting,  §39 

not  pay  moneys  to  unqualified  teachers,  §38 17 

prescribe  text-books  and  courses  of  study,  §42 18 

provide  for  school,  §27 15 

purchase  books  for  indigent  children,  §43 _  IS 

or  lease  site  for  school  house,  §35 16 

report  taxes  to  be  assessed,  §37 17 

sell  site  or  property  of  district  when  not  needed,  §35 16 

trustees  in  graded  school  districts,  §§107-110 35,  36 

vacancy  in,  how  filled,  §§30, 108 16,  35 

what  to  occasion,  §29 15 

when  may  issue  bonds,  §79 27 

to  exclude  public  meetings  from  school  house,  §41 

who  are  eligible  to  office  in,  §31 16 

to  constitute,  §§33,107 16,  35 

(See  District  Officers.) 
DISTRICT  LIBRARIES: 

(See  Libraries.') 
DISTRICT  MEETINGS : 

annual,  board  to  make  financial  report -to,  §39 17 

estimates  of  expenses  to  be  presented  to,  §48 20 

in  case  of  failure,  what  board  to  determine,  §27 15 

powers  of,  §§27, 107 14,  35 

when  to  be  held,  §21 

challenging  votes,  §25 13- 

clerk  and  chairman  may  be  appointed  in  absence  of  director  and  moder- 
ator, §27 14 

director  to  give  notice  of,  §48 19 

disorderly  persons  at,  §26 14 

election  of  officers,  §§28,  107 15,  35 

formation  of  a  new  district,  §9 10 

limit  of  taxes  that  maybe  voted,  §27 

may  vote  on  issuance  of  bonds,  §72 , 27 

tax  to  pay  money  borrowed,  §81 

moderator  to  preside,  §47 

notice  of,  what  to  specify,  §§22,  23 

proceedings  to  be  recorded,  §48 

special  may  be  called,  §22 12 

notice  to  indicate  the  business,  §22 

to  determine  use  of  school  house,  §41 15 

direct  sale  of  property,  §27 — 

fill  vacancy  in  district  office,  §30 

give  directions  regarding  suits,  §27 

voters  at,  when  challenged,  §25 13 

may  designate  site,  §89 29 

who  are,  §24 13 

DISTRICT  OFFICERS: 

acceptance  of  office,  §§32, 108 16,  35 

appointment  of,  §§30,  108 16,  35 


84  INDEX. 


PAGE. 
DISTRICT  OFFICERS  (Continued): 

compensation  of,  §§27,  48 15,  20 

election  and  terms  of  office  of,  §§28, 107 15,  35 

maybe  removed  by  township  board,  §144 

penalty  for  neglect  to  accept  or  perform  duties,  §139 43 

who  are  eligible  to  election  to  office,  §31 16 

(See  Assessor;  Director;  Moderator;  also,  District  Board.) 
DISTRICT  SCHOOLS: 

(See  Schools.') 
DISTRICT  TAXES: 

(See  Taxes.) 
DISTURBING  DISTRICT  MEETING  OR  SCHOOL: 

penalty  for,  §§26,  44 14,  18 

DIVISION  OF  DISTRICT: 

(See  School  Districts;  also.  Township  Board  of  Inspectors.) 
DOG-TAX,  SURPLUS  OF: 

apportionment  of.  to  school  districts,  note 51 

EDUCATION  : 

constitutional  provisions,  art.  xiii,  sees.  1-12 5-7 

ELECTION : 

if  not  held,  inspectors  to  appoint  officers,  §§30,  108 16,  35 

of  district  officers,  §§28,  108 15,  35 

members  of  county  boards  of  school  examiners,  §125 38 

state  board  of  education,  con.  prov.,  art.  xiii,  sec.  9 

state  officers,  con.  prov.,  art.  viii,  sec.  1 

regulations  at  election  to  vote  on  issuance  of  bonds,  §78 

who  are  eligible  to  election  to  office,  §§31,  153 16,  46 

legal  voters  at  elections,  §24 13 

ELECTORS: 

who  are  qualified,  §24 13 

ELIGIBILITY  TO  OFFICE: 

in  districts,  §31, 16 

townships,  §153 46 

EMPLOYMENT: 

of  officers,  etc.,  §109.. 

person  to  take  school  census,  §49 20 

teachers,  §§40,  109 18,35 

ENGLISH  LANGUAGE: 

instruction  to  be  conducted  in,  con.  prov.,  art.  xiii,  sec.  4 6 

ENUMERATION  OF  CHILDREN: 

(See  Census.) 
EQUALIZATION  OF  TAXES: 

by  supervisors,  §68 25 

ESTIMATES: 

of  amounts  to  be  raised  by  tax,  §§36,  48 17,  20 

EVIDENCE: 

in  proceedings  to  obtain  site,  §90 29 

of  organization  of  district,  §13, 10 

regularity  in  proceedings  to  remove  officers,  §§145, 44 

EXAMINATIONS: 

of  applicants  forState  certificates,  §165 

inspectors'  reports  by  county  clerk,  §76 

proposed  site  by  jury,  §94 

schools  by  school  i  nspectors,  §134 42 

teachers  by  county  board  of  examiners,  §§127,  128 

officers  in  certain  districts,  §137 43 

state  board  of  education,  §165 49 

fees  to  be  collected,  §154 

meetings  for,  §127 39 

questions  for  examination  of  teachers.  §166 49 

EXAMINERS: 

of  teachers  to  collect  fees,  §154, 46 

to  pay  fees  to  county  treasurer.  §155,. 46 

(See  County  Board  of  School  Examiners.) 
EXECUTION: 

not  to  issue  against  school  district,  §84 28 


INDEX.  85 


EXPENSES: 

estimate  of,  to  be  presented  at  annual  meeting,  §48  _____  .................  20 

incidental,  estimated  by  board,  §36  ..........  .....................  17 

of  director,  how  paid,  §§48,  109  ..........................................     20,  35 

inspectors  limited,  §58  ...................  .  ............................  23 

members  of  state  board  of  education,  §167  ..............  .  .............  49 

state  insti  tute,  how  paid,  §160  ........................................  48 

teachers'  institutes,  §158  ...............................................  47 

vouchers  for,  where  filed,  §161..  4S 
FEES: 

to  be  paid  by  applicants  for  special  certificates,  §129  .....................  40 

state  certificates,  §165  .......................  49 

teachers  on  obtaining  certificates,  §154  .  ....................  46 

FEMALES  : 

eligible  to  district  offices,  §31  ...................................  ...  ......  16 

office  of  township  school  inspector,  §153  ......................  46 

may  vote  at  school  district  meetings,  §24  13 
FINES: 

for  breach  of  penal  laws,  con.  prov.,  art.  xiii.  sec.  12  .....................  7 

apportionment  of,  §121  ..........................  37 

damages  done  to  library  books,  §114  ....................  .  ........  _____  36 

disturbing  district  meeting,  §26  ...........................  .........  14 

school,  §44  ........  .....  ...............................  ...  .  18 

(See  Penalties.} 
FORFEITURES: 

(See  Penalties.} 
FORMATION: 

of  districts.     (See  School  Districts  ;  also.  Township  Board  of  Inspectors.} 

teachers'  associations,  §§168-170  ......................................  50 

FORM  OF  OATH: 

to  challenged  voter,  §25  .............  13 

FORMS  FOR  PROCEEDINGS.—  (Appendix  23}: 

of  acceptance  of  office,  No.  5  .............................................  64 

appointment  of  district  officer  by  district  board,  No.  14  ...............  6S 

inspectors,  No.  15  ...................  68 

assessor's  bond,  No.  6  ......................  •__  .........................  65 

bond  of  chairman  of  board  of  inspectors,  No.  13  .......................  67 

certificate  of  inspectors  on  establishing  site,  No.  17  ...................  69 

to  township  clerk  of  taxes,  No.  12  ..........................  67 

supervisor  of  taxes,  No.  22  .....................  71 

contract  for  building  school-house,  No.  25..  .  ..........................  72 

with  teacher,  No.  26  ..........................................  73 

deed  to  school-house  site,  No.  23  ..............................  ..........  71 

lease  to  school-house  site,  No.  24  .............................  „  ........  72 

notice  of  annual  meeting,  No.  7  .......................................  65 

first  meeting  in  school  district,  No.  2  ........................  63 

meeting  of  inspectors,  No.  16  ............................  ....  68 

special  meeting  in  district,  No.  9  ............................  66 

to  director  of  alteration  in  district,  No.  4  ................  ......  64 

moneys  apportioned  district,  No.  21  ..............  70 

inhabitant  of  formation  of  district,  No.  1  ....................  63 

township  clerk  of  moneys  to  be  apportioned,  No.  19  ......... 

treasurer  of  apportionment,  No.  20  ................  70 

order  upon  assessor  for  payment,  No.  10  ..............................  66 

request  of  voters  for  special  meeting,  No.  8  ..........................  65 

return  of  notice  by  inhabitant  on  formation  of  district,  No.  3  .........  63 

teacher's  register  of  school,  No.  27  ....................................  74 

warrant  on  township  treasurer  for  district  moneys,  No.  ]1  ............  66 

library  moneys,  No.  18  .............  69 

FRACTIONAL  DISTRICTS: 

(See  School  Districts;  also.  Township  Board  of  Inspectors.} 
FREE  SCHOOLS: 

to  be  provided,  con.  prov.,  art.  xiii,  sec.  4  ...........................  .  .....  9 

11 

V; 

Of  ^ 


86  INDEX. 


PAGE. 
FUNDS: 

educational,  con.  prov.,  art.  xiii,  sees.  2,  3 5,  6 

library,  con.  prov.,  art.  xiii,  sec.  12 

teachers'  institute,  §155 46 

(See  Moneys.} 
GKADED  SCHOOL  DISTRICTS: 

annual  meeting  of,  §21 

notice  of  intention  to  organize,  §107 

not  limited  to  nine  sections  of  land,  §110 

officers  to  be  elected  by  trustees,  §108 

trustees,  consent  of  to  be  obtained  to  alteration  in  boundaries,  §110 

election  and  term  of  office,  §107 

powers  and  duties  of,  §§108, 109 _ 

(See  School  Districts.) 
GRADING: 

of  pupils  not  prevented  in  any  district,  §45.. 

in  graded  school  districts,  §109 35 

GRADES  OF  CERTIFICATES: 

to  teachers,  §119  40 

HIGH  SCHOOLS: 

may  be  established  in  certain  districts,  §109 

(See  Graded  School  Districts.} 
INCIDENTAL  EXPENSES: 

estimated  by  district  board,  §3C 17 

INDEBTEDNESS: 

of  districts,  §78 27 

(See  Bonds.) 
INDIANS: 

children  of,  when  not  included  in  census,  849 20 

INHABITANT,  TAXABLE: 
(See  Taxable  Inhabitant.) 
INSPECTION,  BOARD  OF : 
(See  Board  q/  Inspection.) 
INSPECTORS,  BOARD  OF  SCHOOL : 

(See  Township  Board  of  School  Inspectors.) 
INSTITUTES: 

(See  Teachers'  Institutes.) 
INSTITUTIONS : 

for  deaf,  dumb,  and  blind, con.  prov.,  art.  xiii,  sec.  10... 7 

INSTRUCTION: 

superintendent  of  public  instruction  to  have  supervision,  §1 

to  be  conducted  in  the  English  language,  con.  prov.,  art,  xiii,  sec.  4 6 

INTEREST: 

on  bonds  li  mited,  §79 

judgment  against  district,  §88. 

money  lost  by  certain  officers,  §§141, 142 

state  funds  for  educational  purposes,  con.  prov.,  art.  xiii,  sees.  2,3 5, 

apportionment  of,  by  state  superintendent,  §4 

tax  may  be  voted  to  pay,  $80  

JOINT  MEETINGS: 

of  school  examiners  and  school  inspectors,  §131 _ 41 

township  boards,  §104 .. 

school  inspectors,  §11..  10 

JUDGMENTS: 

against  school  districts,  §§82,  88 28,  29 

execution  to  not  issue  on,  §83 28 

in  proceedings  to  obtain  site,  §95.      31 

taxes  to  pay,  §69 29 

JURISDICTION: 

in  actions  against  districts,  §82..  28 

JURY: 

in  proceedings  to  obtain  site,  §§90-94..  29-31 

LAND: 

when  not  taxed  for  building  school-house,  §27 14 

proceedings  to  obtain,  for  school-house  site,  §§90-103 29-33 


INDEX.  37 


LAWS: 

relative  to  schools  to  be  published  and  furnished  to  officers,  §3 8 

LEASE: 

of  a  school-house  site,  §35 16 

LEGISLATURE: 

to  provide  for  agricultural  school,  con.  prov.,  art.  xiii,  sec.  11 _  7 

free  schools,  con.  prov.,  art.  xiii,  sec.  4 6 

libraries,  con.  prov.,  art.  xiii,  sec.  32 7 

LIABILITIES : 

of  board  of  inspectors  for  neglect,  §141 43. 

county  clerk  for  neglect,  §142 44 

district  officers  to  removal,  §145 44 

township  clerk  for  neglect,  §141 43 

supervisor  for  neglect,  §144 „ 44 

(See  Penalties.} 
LIBRARIAN: 

to  be  appointed,  §115 36 

LIBRARIES : 

books  to  be  purchased  for,  by  district  board,  §113 36 

damages  to  books  in,  §114 « 36 

district  board  may  donate  or  sell  library  books  to  township,  §123 38 

li brari an  of,  §115 36 

provisions  respecting,  §§111-124 36-38 

tax  for  support  of,  §122 38 

what  districts  may  establish,  §116 36 

where  kept,  §115 * 36 

fund,  apportionment  of,  §120 37 

expended  by  inspectors,  to  be  accounted  for  to  township  board,  57.  23 

forfeiture  of,  §119 37 

inspectors  to  apply  for,  §113 

penal  fines  to  be  applied  to,  con.  prov.,  art.  xiii,  sec.  12 7 

state  superintendent  to  furnish  statement  of  townships,  etc.,  enti- 
tled to, §120 

to  be  used  for  purchase  of  books,  §121 

warrant  on  township  treasurer  for,  §72 26 

when  not  to  be  forfeited,  §119 37 

rules  for,  §§3,114 8,  36 

school  officers,  etc.,  not  to  act  as  agents  for  books  for,  §146 

state  board  of  education  to  make  list  of  books  for,  §124 

to  be  established,  con.  prov.,  art.  xiii,  sec.  12 7 

township  inspectors  to  report  statistics  of,  §118 37 

(See  Appendix  C,  for  Rules.} 
LIMIT  OF  INDEBTEDNESS: 

(See  Bonds.) 
LIMIT  OF  TAXES: 

(See  Taxes.} 
MANAGEMENT  OF  SCHOOLS: 

(See  District  Boards  ;  also.  Regulations.} 
MAPS : 

of  townships  showing  boundaries  of  districts,  §61 23 

MEETINGS : 

for  election  of  school  examiners,  §125 

examination  of  teachers,  §127 39 

joint,  of  school  examiners  and  school  inspectors,  §131 41 

i nspectors,  §11 10 

township  boards,  §104 33 

of  board  of  inspectors,  §58 23 

when  school-house  used  for  public,  §41 18 

(See  District  Meetings.} 
MEMBERS : 

of  board  of  trustees,  §107 

county  school  examiners,  §125 38 

district  boards,  §33 16 

state  board  of  education,  con.  prov.,  art.  xiii,  sec.  9 

township  board  of  school  inspectors,  §53 22 


88  INDEX. 


PAGE, 
MODERATOR: 

acceptance  of  office  by,  §32 16 

a  member  of  district  board,  §33 16 

and  assessor  to  audit  and  pay  director's  accounts,  §48 20 

director  to  approve  bond  of  assessor,  §52 21 

appointment  of,  §30 1£ 

pro  tern,  at  district  meetings,  §27 14 

election  and  term  of  office,  §§28,108 15,35 

may  be  removed  by  township  board, §145 44 

penalty  for  neglect  to  accept  office  or  perform  duties,  £139 43 

to  bring  suit  on  assessor's  bond,  «;47 19 

countersign  warrants  and  orders,  ^-47 19 

give  oath  to  challenged  voter,  £25 

preside  and  preserve  order  at  district  meetings,  §47 19 

(See  District  Board.') 
MONEYS: 

accrued  from  one-mill  tax,  hovy  used,  §66 24 

apportionment  by  state  superintendent,  §§4,5, 6 9 

to  districts  by  township  clerk,  §§63,  64 24 

board  to  apply  according  to  law,  §38 17 

report  to  annual  meeting  receipts  and  disbursements,  §39 37 

collected  on  account  of  neglect  of  officers,  §143 44 

assessor's  bond,  how  applied,  §52 21 

bond  of  chairman  of  board  of  inspectors,  how  applied,  §54. _  22 

county  treasurer  to  apply  for  and  pay,  §77 1 27 

apportion  library  moneys,  §121 37 

districts  entitled  to  receive,  §§27, 56, 66.... 15.22,24 

duties  of  township  treasurer  in  collecting,  §§65,69,74 24^25,26 

paying,  §§72, 74 26 

for  payment  for  site  deposited  with  county  treasurer,  §§96,101 31,33 

library,  apportionment  of,  §121 37 

derived  from  penal  fines,  con.  prov.,  art.  xiii,  sec.  12 _  7 

f o  r  f e  i  t  u  r  e  o  f ,  §  1 1 9 37 

i  nspectors  to  apply  for,  §113 

to  be  used  for  purchase  of  books,  §121 

when  may  be  used  for  school  purposes,  §121 

limitations  as  to  borrowing  of, §78 27 

may  be  borrowed  in  certain  cases, §36 

not  to  be  diverted  except  by  a  two-thirds  vote,  §38 

paid  to  teacher  not  having  certificate,  §38 

used  for  sectarian  schools,  §38 17 

of  a  district  when  divided  to  be  apportioned, §§19, 20 11,12 

officer  making  illegal  use  of  to  be  removed,  §145 44 

orders  for,  §48 19 

paid  by  old  to  new  districts,  how  applied,  §67 

payment  of,  to  fractional  districts,  §74 

primary  school  interest  fund,  apportionment  of,  §§4-6,  63, 77 9,  24,  27 

districts  entitled  to  receive,  §§27, 56 15,22 

how  constituted,  con.  prov.,  art.  xiii,  sees.  2,3  5,6 

to  be  used  only  for  teachers'  wages,  §38....  17 
when  withheld  from  districts,  con.  prov., 

art.  xiii,  sec.  5 

public  moneys,  defined,  §171 

how  to  be  used,  §173 

interest  on,  §174 51 

no  consideration  to  be  received  by  officer  for  deposit  of, 

§175 51 

penalty  for  illegal  payment  of,  §178 51 

not  to  exempt  from  prosecution  under  general  law, 

§177 51 

to  be  kept  separate  from  all  other  funds,  §172 

raised  by  tax,  how  apportioned,  §64 

report  of  receipts  and  disbursements  of,  by  assessor,  §52 21 

district  board,  §39 17 

i  nspectors,  §57 23 


INDEX.  89 


PAGE. 
MONEYS  (Continued}: 

school  moneys  to  be  paid  next  to  township  expenses,  £72 26 

surplus  of,  may  be  appropriated  to  certain  objects,  §27 

to  not  be  apportioned  to  districts  employing  unqualified  teachers,  §56...  22 

pay  for  site,  when  deposited  with  county  treasurer,  §96 31 

(See  Taxes.} 
MONTH,  SCHOOL : 

of  what  to  consist,  §40 18 

NAME: 

and  style  of  a  school  district,  §14 11 

NEGLECT: 

of  county  clerk  to  transmit  reports,  §142 44 

district  officers,  §139 43 

inspectors  in  not  reporting,  §141 43 

supervisor  and  township  clerk  in  regard  to  taxes,  §144 44 

taxable  inhabitant  to  serve  and  return  notice,  §138 43 

townshi p  clerk  to  transmi t  report,  §141 43 

NON-RESIDENT: 

pupils,  admission  of,  §46 19 

when  may  be  attached  to  district,  §17 11 

NORMAL  SCHOOL: 

(See  State  Normal  School.} 
NOTICE : 

by  county  treasurer  of  moneys  apportioned,  §77 

state  superintendent  of  apportionment,  §§4,  120 9,  37 

supervisor  to  treasurer  of  taxes  assessed,  §§69,70 25 

township  board  of  proceedings  to  remove  from  office,  §145 

clerk  to  supervisor  of  taxes,  §62 

on  failure  of  a  new  district  to  organize,  §10 

treasurer  of  moneys  in  his  hands,  §73 

in  proceedings  to  obtain  site,  §92 

of  district  meeting,  §22 

apportionment  of  moneys  to  districts,  §63 

first  meeting  in  a  new  district,  §9 

formation  of  teachers'  association,  §168 

intention  to  vote  on  borrowing  money,  §81 

meeting  of  inspectors,  §15  

to  form  fractional  districts,  §11 

for  examination  of  teachers,  §127 

to  organize  as  a  graded  school  district,  §107 

meetings  to  be  given  by  director,  §48 

special  meetings  to  indicate  business,  §22 

to  directors  of  moneys  to  be  apportioned,  §63 

taxable  inhabitant  on  formation  of  district,  §9 

teacher  of  intention  to  revoke  certificate,  §133 42 

OATH: 

by  challenged  voter  at  district  meetings,  §25 

if  false,  deemed  perjury,  §25  ... — 

of  deputy  superintendent  of  public  instruction,  §2 

juror  in  proceedings  to  obtain  site,  §94 

members  of  board  of  school  examiners,  §125 

to  be  made  to  correctness  of  census  list,  §49 20 

OFFICE:- 

acceptance  of,  to  be  filed,  §§32,  108 16,  35 

removal  from,  §145 

term  of,  district  officers,  §§28,  108 16,  35 

inspectors,  §151 

members  of  board  of  school  examiners,  §125 

state  board  of  education,  con.  prov.,  art.  xiii,  sec.  9.  7 

regents  of  the  university,  con.  prov.,  art.  xiii,  sec.  6 

state  officers,  con.  prov., 'art.  viii,  sec.  1 5 

OFFICERS: 

(See  names  of  the  several  offices.} 
OFFICIAL  BONDS: 

of  assessor,  §52 

chairman  of  board  of  inspectors,  §54 22 


90  INDEX. 


PAGE. 
ONE-MILL  TAX: 

assessment,  collection,  and  disposition  of,  §66 

how  surplus  maybe  applied,  §27 15 

(See  Taxes.) 
OKDEKS : 

of  inspectors  upon  township  treasurer,  §113 

on  assessor,  to  be  drawn  and  signed  by  director,  §48... 

countersigned  by  moderator,  §47 _ 19 

to  be  paid  from  proper  funds,  §52 21 

(See  Warrants;  also,  Moneys.) 
ORGANIZATION: 

of  a  new  district,  §§8-13 9,  10 

(See  School  Districts;  also,  Township  Board  of  Inspectors.) 
PENALTIES  AND  FORFEITURES: 

for  damages  to  library  books,  §114 

illegal  payment  of  public  moneys,  §178 

moneys  collected  for,  how  applied,  §143 : 

on  county  clerk  for  not  transmitting  reports,  §142 44 

district  for  not  maintaining  three  months'  school,  con.  prov.,  art.  xiii, 

sec.  5 G 

district  for  not  maintaining  certain  length  of  school,  §§27,  66 15,  24 

officers  for  neglect  to  accept  office  or  perform  duties,  §139 

inspectors  for  not  qualifying,  or  neglecting  duties,  §140 

reporting,  §141 44 

supervisor  and  clerk  for  neglect  in  regard  to  taxes,  §144 44 

taxable  inhabitant  for  neglect  of  duties  in  formation  of  district,  §138..  43 

township  clerk  for  neglect  in  transmitting  reports, §141 

township  board  to  remove  certain  officers,  §145 44 

PERJURY: 

false  oath  deemed,  §25 13 

POLL-LIST : 

to  be  kept  when  voting  on  issuance  of  bonds,  §78 27 

POOR  CHILDREN: 

to  be  furnished  with  text-books,  §43 18 

PRESIDENT : 

of  university,  con.  prov.,  art.  xiii,  sec.  8 6 

PRIMARY  SCHOOLS: 

(See  Schools.) 
PRIMARY  SCHOOL  INTEREST  FUND: 

apportionment  of,  §4 

when  reports  are  defective,  §5 9 

deficiencies  may  be  paid,  ^6 9 

to  districts,  §63 ; 24 

constitutional  provisions  respecting,  art.  xiii,  sees.  2,  3 5,  6 

* county  clerk's  duties  in  relation  to  apportionment  of,  §76 

treasurer's  duties  in  relation  to  apportionment  of,  §77 

school  to  be  maintained  three  months  to  secure,  con.  prov.,  art.  xiii,  sec.  5 

certain  time  to  secure,  §27 

to  be  used  only  for  teachers'  wages,  §38 17 

PROCEEDINGS: 

against  school  districts,  §§82-88 

for  removal  of  officers,  §145 44 

to  obtain  site  for  school  house,  §§89-103 29-33 

upon  appeal  from  action  of  inspectors  to  township  board,  §§104-106 33,  34 

PROPERTY: 

of  district,  care  and  preservation  of,  §§41, 109 18,  36 

sale  of,  may  be  directed  by  voters,  §27 J 

when  may  be  by  inspectors,  §19 

when  district  is  divided,  to  be  apportioned,  §§19,  20 11, 12 

teachers'  associations,  §169 50 

PROSECUTION : 

(See  Action ;  Proceedings;  also,  Suits.) 
PUBLIC  INSTRUCTION: 

(See Superintendent  of  Public  Instruction.) 
PUBLIC  MEETINGS: 

when  may  be  admitted  to  school-house, ^41 18 


INDEX.  91 


PAGE* 
PUBLIC  MONEYS: 

(See  Moneys.) 
PURCHASE: 

of  apparatus  and  appendages  to  school-house,  §43 20 

books  for  library,  §§113, 124 .' 36,38 

poor  children,  §43 IS 

records  of  district,  §34 16 

school  site  or  school-house,  §3o 16 

PUPILS : 

admission  of,  to  schools,  §§45,  46, 109 19,35 

classification  of,  §§45, 109 19,35 

tuition  of  non-resident,  §46 19 

when  may  be  suspended  or  expelled,  §44 18 

who  may  be,  §45 19 

QUESTIONS: 

for  examination  of  teachers,  §166 49 

RECORD : 

director  to  keep,  of  proceedings,  §§9, 48 10, 1 9 

of  acceptance  of  office.  §32 16 

board  of  school  examiners,  §133 41 

certificates  to  teachers,  §133 41 

consent  of  trustees  to  alter  graded  school  district,  §110 36 

director,  to  be  evidence  of  organization  of  district,  §13 11 

inspectors,  to  be  kept  in  office  of  township  clerk,  §59 23 

pupils,  to  be  kept  by  teacher,  §40 18 

removals  from  office,  §145 44 

report  of  taxes  to  annual  meeting,  §39 17 

REGENTS: 

of  the  university,  con.  prov.,  art.  xiii,  sees.  6,  7 6 

REGISTER: 

of  school  to  be  kept  by  teacher,  §40 IS 

REGULATIONS: 

"at  election  to  vote  on  issuance  of  bonds,  §78 27 

for  government  of  schools,  §44 18 

libraries,  §114 36 

REMOVAL : 

from  district  to  vacate  office,  §29 16 

of  house  from  leased  site,  §35 

members  of  board  of  school  examiners  from  office,  §136 43 

officers  by  township  board,  §145 _ 44 

in  graded  school  districts,  §108 35 

REPAIRS : 

(See  School  Houses.) 
REPORT : 

liabilities  of  officers  for  failing  to  report,  §§141, 142 44 

of  board  to  annual  meeting,  §39 17 

township  clerk,  of  taxes,  §62 23 

chairman  of  board  of  school  inspectors,  §134 

director  to  inspectors,  §50 20 

how  treated  if  false,  §58 22 

where  filed,  §59... 23 

to  whom  made  in  fractional  districts,  §51 21 

inspectors  to  county  clerk,  §§55, 118 _ 22,  37 

county  clerk's  duties  in  relation  to,  §76 _ 26 

to  townshi p  board  of  finances.  §57 23 

secretary  of  board  of  school  examiners,  §133 41 

superintendent  of  public  instruction,  §3L. 

supervisor  to  township  treasurer,  of  taxes  assessed,  §69 25 

township  clerk  to  treasurer  and  directors,  of  moneys,  §§G3,  64 24 

REQUEST: 

to  call  special  meeting,  §22 12 

RESIDENTS: 

ceasing  to  be,  vacates  offices,  §29 

exceptions  of,  in  school  census,  §49 

notified  of  first  meeting  in  a  new  district,  §9 10 


INDEX. 


PAGBi 

RES  I D  E  N  TS  (  Continued}  : 

qualifications  of,  to  vote  at  district  meetings,  §24 

rights  of,  to  attend  school,  §45 10 

BETUKN: 

of  notice  of  first  meeting  on  organization  of  district,  §9 10 

REVOCATION"  OF  TEACHER'S  CERTIFICATE: 

by  board  of  school  examiners, §130 

instruction  of  state  normal  school, §164 — 

state  board  of  education,  §165 - 

RULES : 

(See  Regulations.) 
RULES  FOR  LIBRARIES: 

Appendix  C.. 75 

SALE  OF  PROPERTY: 

directed  by  district,  §27 

when  by  i nspectors,  §19 12 

district  board,  §35 16 

SCHOLARS: 

(See  Pupils.) 
SCHOOL: 

admission  of  resident  pupils  to,  §45_ 

non-resident  pupils  to,  §46 19 

agricultural,  to  be  provided  for,  con.  prov.,  art.  xiii,  sec.  11 

board  to  establish  regulations  for,  §44 

prescri be  text-books,  §42 

provide  for  minimum  length  of  time  of,  §27 

examination  of,  §134 

may  be  graded,  §§45, 109. 19,  35 

not  to  be  sectarian,  §38 17 

separated  on  account  of  race, §45 

penalty  for  disturbing,  §44 

register  of,  to  be  kept  by  teachers,  §40 

statistics  of.  to  b<-  reported  by  director,  §50 20 

support  of,  taxes  to  be  estimated  and  voted  by  board,  §36 17 

suspension  or  expulsion  of  pupils  from,  §44 

time  necessary  to  be  maintained,  §§27,  66 15,  24 

to  be  free,  con.  prov.,  art.  xiii,  sec.  4 

maintained  at  least  three  months,  con.  prov.,  art.  xiii,  sec.  5 6 

visi tation  and  examination  of,  §134 42 

SCHOOL  BOARD: 

(See  District  Board.) 
SCHOOL  BOOKS: 

(See  Text  Books.} 
SCHOOL  CENSUS: 

when  and  how  taken,  §49 ., 20 

time  of  taking,  not  changed  in  graded  school  districts,  §21  12 

SCHOOL  DISTRICTS: 

alterations  in,  to  be  reported  to  director,  §18 11 

when  consent  of  tax  payers  to  be  obtained,  §16 11 

annual  report  of,  §39 17 

appeal  from    inspectors'  action  in  forming,  dividing,  or  consolidating 

of,  §§104-106 33 

corporate  powers  of,  §14 

division  of  property  in  forming  new  from  old,  §19 11 

formation  of,  §§8-13 9,  10 

fractional,  formation  of,  §11 

judgments  against,  §87 

levying  and  collecting  taxes  in,  §68 25 

graded  school  districts,  §§107-110. 35,  36 

map  showing  boundaries  to  be  made,  §61 

may  borrow  money  in  certain  cases.  §36 17 

to  pay  indebtedness,  §78 27 

vote  tax  to  pay  money  borrowed,  §81 28 

meetings  of,  §§21-27 12-15 

moneys  to  be  apportioned  to,  §§63,  64 

when  paid  by  old  to  new,  §67 25 


INDEX.  93 


SCHOOL  DISTRICTS  (Continued}-. 

name  and  style  of,  §14 11 

suits  and  judgments,  §§82-88 28 

to  be  numbered  by  inspectors,  §8 9 

contain  no  more  than  nine  sections  of  land,  §8 10 

not  receive  moneys  when  employing  unqualified  teachers,  §56 22 

what  districts  may  organize  as  graded,  §107 35 

when  deemed  legally  organized,  §12 * A        10 

persons  outside  may  be  attached,  §17.....! 9        11 

who  to  appear  in  suits  for  or  against,  §52 22 

(See  District  Meetings;  also.  Voters.} 
SCHOOL  EXAMINERS: 

(See  County  Board  of  School  Examiners.} 
SCHOOL  FUNDS: 
(See  Moneys.} 
SCHOOL  HOUSES: 

appendages  to,  district  to  vote  tax  for,  §27 15 

director  to  provide,  §48. 20 

board  to  procure,  §35 _.._  16 

bonds  may  be  issued  to  build,  §78 27 

building  committee  may  be  appointed  to  supervise  building  of,  §27 15 

chairman  of  board  of  school  inspectors  to  note  condition  of,  §134 42 

district  to  direct  the  procuring  of,  §27 15 

limitation  of  indebtedness  to  build,  §78 27 

repairs  to,  §27 

site  for,  to  be  purchased  or  leased,  §35 16 

tax  for  building  limited,  §27 14 

repairing,  limited,  §27 

to  be  in  care  of  district  board,  §41 

when  certain  persons  not  liable  to  tax  for  building,  §17 

land  not  taxed  for  building,  §27 

not  needed  may  be  sold,  §§20,27,35 12,15,16 

opened  or  closed  to  public  meetings,  §41 18 

SCHOOL  HOUSE  SITES : 

(See  Sites  for  School  Houses.} 
SCHOOL  INSPECTORS: 

(See  Township  Board  of  School  Inspectors.) 
SCHOOL  LAWS: 

to  be  published,  §3 8 

SCHOOL  MONEYS: 

(See  Moneys.} 
SCHOOL  MONTH: 

of  what  to  consist,  §40 - 

SCHOOL  PROPERTY: 

(See  Property.) 
SCHOOL  TAXES: 


(See  Taxes.) 
OL  TE 


SCHOOL  TEACHERS: 

(See  Teachers.) 
SCHOOL  YEAR: 

when  to  commence  §21 

SECRETARY  OF  BOARD  OF  SCHOOL  EXAMINERS: 

duties  of,  §133 

(See  County  Board  of  School  Examiners.) 
SECTARIAN   SCHOOLS: 

to  not  receive  public  moneys,  §38 

SITES  FOR  SCHOOL  HOUSES: 

board  to  purchase  or  lease,  §35 

compensation  for,  how  determined  in  certain  cases,  §94 

how  designated,  §89 

issuance  of  bonds  for  purchase  of,  §78 - 

lease  or  purchase  of,  §35 lb 

notice  of  meeting  to  change,  §23 J 

proceedings  to  obtain,  §89-103 29-33 


to  be  selected  by  a  two-thirds  vote,  §89 


94  INDEX. 


PAGE. 
SITES  FOR  SCHOOL  HOUSES  (Continued) : 

voters  to  direct  the  procuring  of,  §27 14 

when  not  needed  maybe  sold,  §§19,  35 ." 12,16 

SPECIAL  MEETINGS:" 

(See  District  Meetings.} 
STATE  BOARD  OF  EDUCATION: 

constitutional  provision  for,  art.  xiii,  sec.  9 

compensation  to  members  xvhile  examining  teachers,  §167 

to  grant  diplomas  to  graduates  of  state  normal  school,  163 

state  certificates  to  teachers,  §165 

prepare  examination  questions,  §166 

list  of  books  for  libraries,  §124 38 

STATE  CERTIFICATES: 

when  granted  by  state  board  of  education, §165..., 

to  graduates  of  state  normal  school,  §163 48 

STATE  INSTITUTIONS  OF  EDUCATIONAL  CHARACTER: 

to  be  under  supervision  of  state  superintendent,  §1 

STATE  NORMAL  SCHOOL: 

diplomas  and  certificates  to  graduates  of,  §§163,164 48 

to  be  under  care  of  state  board  of  education,  con.  prov.,  art.  xiii,  sec.  9..  7 

STATE  OFFICERS: 

election  and  term  of  office  of,  etc.,  con.  prov.,  art.  viii,  sees.  1-3 

STATE  TEACHERS'  INSTITUTE : 

to  be  held  annually,  §160 

expenses  of,  how  paid,  §160 48 

STATEMENT : 

(See  Notices  ;  also.  Reports.) 
STUDIES: 

to  be  prescribed,  §42 IS 

SUITS: 

and  judgments  against  districts,  §§82-88 

assessor  to  appear  for  district,  §52 

directions  given  by  meeting  in  regard  to,  §27 

for  collection  of  penalties,  etc.,  §§141-144 43,44 

jurisdiction  of  justices  in,  §82 

may  be  brought  for  or  against  school  districts,  §14 

not  brought  to  collect  judgment,  §84 

on  assessor's  bond,  §52 

bond  of  chairman  of  board  of  inspectors,  §54 

summons  in,  served  on  assessor,  §83 

when  moderator  may  appear  in,  for  district,  52 

(See  Action,'  Judgments:  also \  Proceedings.} 
SUPERINTENDENT  OF  PUBLIC  INSTRUCTION: 

duties  of,  con.  prov.,  art.  xiii,  sec.} 

relative  to  apportionment  of  primary  school  moneys,  §§4-6 

election  and  term  of  office  of,  con.  prov.,  art.  viii,  sees.  1,  2 

may  appoint  conductors  of  teachers'  institutes,  §157 

expend  certain  monej7s  for  books  for  office,  §167 

to  appoi n t  a  deputy,  §2 

be  a  member  and  secretary  of  state  board  of  education,  con.  prov.,  art. 

xiii,  sec.  9 

deliver  official  books,  etc.,  to  successor,  §7 

draw  on  state  treasurer  for  expenses  of  state  teachers'  institute,  §160.. 

have  general  supervision  of  public  instructional 

hold  county  teachers'  institutes  annually,  §156 

make  annual  reports  to  legislature,  §1 

prescribe  forms  of  teachers'  certificates,  §129 

rules  for  boards  of  school  examiners,  §129.. 

publish  and  transmit  laws  and  forms  to  officers,  §3 

send  examination  questions  to  examining  officers,  §166 

visit  state  institutions,  etc.,  §1 

vacancy  in  office,  how  filled,  con.  prov.,  art.  viii,  sec.  3 

when  may  draw  on  state  treasurer  for  aid  to  teachers'  institutes,  §159.. 

where  office  shall  be  kept,  con.  prov.,  art.  viii,  sec.  1 

SUPERVISION  OF  SCHOOLS: 

(See  County  Board  of  School  Examiners  ;  also  Chairman  of  Board  of  Inspectors.} 


INDEX.  95 


PAGE. 
SUPERVISOR: 

certifying  and  levying  of  taxes  in  fractional  districts,  §68 25 

equalization  of  taxes,  §68 25 

liable  for  not  assessing  taxes,  §144 44 

map  of  township  to  be  filed  with,  §61 23 

to  assess  judgment  against  school  district,  §88 29 

one-mill  tax,  §66 24 

school  taxes,  §65 24 

deliver  warrant  for  collection  of  taxes  to  township  treasurer,  §69 25 

township  clerk  to  certify  taxes  to,  §62 .' 23 

(See  Taxes.} 
SUPREME  COURT  DECISIONS: 

(See  Digest  of  Supreme  Court  Decisions.') 
SURPLUS  OF  DOG-TAX: 

how  apportioned,  note 51 

SURPLUS  OF  SCHOOL  MONEYS: 

how  may  be  appropriated,  §27..  15 

SUSPENSION: 

of 'pupils  from  school,  §44 18 

teachers'  certificates,  §130 40 

TAXABLE  INHABITANT: 

duties  in  relation  to  formation  of  district,  §9 10 

penalty  for  neglect  of  duty,  §138 43 

TAXES : 

apportionment  of  surplus  dog-tax,  note 51 

when  district  is  divided,  §71 26 

assessed  upon  division  of  district,  §62 23 

assessment  of,  §§65,  60 24 

certifying  of,  in  fractional  district,  §68 25 

duties  of  township  treasurer  relative  to  collection  of,  §§65,  70 24,  25 

equalization  of,  §68 

estimated  and  reported  by  district  board,  §36 17 

failing  to  be  assessed,  to  be  levied  the  next  year,  §65 

for  apparatus  and  appendages  to  school-house,  §27 

books  for  indigent  children,  §43 

building  school-house,  or  purchase  of  site,  §27 ^ 

incidental  expenses,  §36 17 

iudgment  against  district,  §88..  29 

libraries,  §122 * 38 

repairs  to  school-house,  §27 

school  purposes  to  be  paid  next  to  township  expenses,  §72 

in  township  before  any  school  is  maintained,  §66 24 

limit  of,  for  certain  purposes,  §27 

support  of  the  school,  §36; 

moneys  raised  by,  to  not  be  diverted,  §38 17 

non-tax-payers  to  not  vote  on  questions  involving  taxation,  §24 

one-mill,  assessment,  collection,  and  disposition  of,  §66 

how  surplus  may  be  applied,  §27 15 

on  old  district  for  new,  §67 

report  of,  by  board  to  township  clerk,  §37 

township  clerk  to  supervisor,  §62 

supervisor  to  assess,  §§65,  66 _ 

liability  of,  for  not  assessing,  §144 

to  pay  money  borrowed,  §80 

township  treasurer  to  pay  to  other  treasurer,  §74 

warrant  for  collection  of,  §69 

what  land  exempt  from,  for  building  school-house,  §27 

when  collected,  how  apportioned,  §64 

reported  to  supervisor,  §62 

who  may  vote  on  questions  involving  taxation,  §24 

(See  Moneys;  also.  Supervisor.) 
TEACHERS: 

certificates,  fees  to  be  paid  on  obtaining,  §§154, 165 46,  49 

given  by  county  board  of  school  examiners,  §128 

state  board  of  education,  §165 

normal  school,  §164 48 


96  INDEX. 


PAGE. 

TEACHEKS  (Continued}: 

certificates,  grades  of,  and  qualifications  necessary  to  obtain,  §129 40 

necessity  of  having,  to  entitle  teacher  to  pay,  §38 17 

record  of,  to  be  kept,  §133 41 

revocation  or  suspension  of,  §130 40 

con  tracts  wi  th,  §40 18 

employment  of,  §§40, 109 13,  35 

examination  of,  by  county  board  of  examiners,  §127 39 

state  board  of  education,  §165 49 

list  of,  to  be  furnished  township  clerk,  §133... 41 

examined  by  inspectors,  §56 22 

not  to  act  as  agents  for  school  books  and  furniture,  §146 45 

public  money  not  to  be  paid  to,  without  holding  certificates,  §38 

to  be  furnished  with  copy  of  contract,  §40 : 

keep  school  register,  §40 18 

township  inspector  to  counsel  with,  §134. .  42 
TEACHERS'  ASSOCIATIONS: 

formation  and  incorporation  of,  §§168-170 50 

TEACHERS'  INSTITUTES: 

aid  from  state  treasury  to,  §159 47 

annual  institute  in  each  county,  §156 47 

conductor  of,  may  be  appointed,  §157 47 

counties  may  be  united  in,  §156 - 47 

expenses  of,  how  paid,  §158 47 

vouchers  for,  where  filed,  §161 48 

funds  for  support  of,  how  raised,  §§154, 155 46 

state  institute  to  be  held  annually,  §160 48 

expenses  of,  paid  from  state  treasury,  §160. .  48 
TERM  OF  OFFICE: 

of  district  officers,  §§28,  107 15,  35 

members  of  board  of  school  examiners,  '4125 38 

state  board  of  education,  con.  prov.,  art.  xiii,  sec.  9 

regents  of  the  university,  con.  prov.,  art.  xiii,  sec.  6 6 

state  officers,  con.  prov.,  art.  viii,  sec.  2. 5 

township  officers,  §§151,  152 46 

TEXT  BOOKS: 

to  be  furnished  to  indigent  children.  §43 18 

prescribed  by  district  board,  §42 18 

TOWNSHIP  BOARD: 

duties  of,  in  case  of  appeal  from  inspectors'  action,  §§104-106 33,  34 

may  remove  certain  officers,  §145  44 

to  allow  accounts  of  inspectors,  §57 23 

audit  and  pay  for  services  of  township  inspector,  §135 43 

TOWNSHIP  BOARD  OF  SCHOOL  INSPECTORS: 

appeal  from  action  of,  to  township  board,  §§104-106 33,  34 

chairman  and  clerk  of,  §53 1 22 

to  be  treasurer  of,  and  give  bond,  §54 22 

clerk  of,  to  notify  directors  of  alterations  in  districts,  §18 11 

taxable  inhabitant  of  formation  of  district,  §9 10 

director  to  report  to,  §50 20 

duties  of,  concerning  libraries,  §§111-124 36-38 

in  forming  fractional  districts,  §11 10 

liability  for  neglect  to  report,  §141 44 

library  money  subject  to  order  of,  §72 26 

may  attach  certain  non-residents,  §17 11 

member  of,  may  be  removed  by  township  board,  §145 44 

notice  and  number  of  meetings,  §§15,  58 '. 11,  23 

on  determining  site  to  certify  to  director,  §89 29 

penalty  for  neglect  to  qualify  or  perform  duties,  §140 

records  of, kept  in  office  of  township  clerk,  §59 23 

reports,  abstracts  of,  §1 

examination  of,  by  county  clerk,  §76 26 

to  be  made  in  triplicate,  §55 22 

restricted  in  altering  boundaries  of  graded  school  districts,  §110 36 

tax  determined  upon  division  of  a  district,  §19 11 

to  account  to  township  board  for  funds  received  and  disbursed,  §57 2 


INDEX.  97 


PAGE. 
TOWNSHIP  BOARD  OF  SCHOOL  INSPECTORS  (Continued): 

to  apply  for  library  moneys,  §113 * 36 

alter  boundaries  of  districts,  §§S,  16 9,  11 

apportion  property  on  division  of  a  district,  §§19,  20 11,  12 

certify  facts  relating  to  employment  of  unqualified  teachers,  §56 22 

divide  tovynship  into  school  districts,  §8.. 9 

examine  list  of  teachers  before  reporting  to  county  clerk,  §56 22 

have  care  of  township  library,  §114 36 

number  districts,  §8 9 

purchase  books  for  township  library,  §113 36 

township  clerk  to  transmit  reports  of,  to  county  clerk,  §55 r          22 

when  may  appoint  district  officers,  §§30,  108 16,  35 

attach  persons  to  districts,  §17 11 

sell  school-house  or  site,  §19 11 

to  determine  site,  §89 29 

who  to  consti  tutc  board,  §53 22 

TOWNSHIP  CLERK: 

a  member  and  clerk  of  board  of  inspectors,  §§53,  59 22,  23 

duties  of,  as  inspector,  §59 23 

election  and  term  of  office  of,  §§150, 152. 46 

liability  for  neglect  in  transmitting  reports,  §141 44 

not  reporting  taxes  to  supervisor,  §144 44 

to  apportion  moneys  to  districts,  §§63,64 24 

approve  and  file  bond  of  chairman  of  board  of  inspectors,  §54 22 

bond  of  appellants  from  inspectors'  action,  §105 34 

be  furnished  with  list  of  teachers,  §133 41 

bring  suit  on  bond  of  chairman  of  board  of  inspectors,  §54 22 

certify  taxes  to  supervisor,  §62 23 

file  map  of  township  with  supervisor,  §61 23 

forward  inspectors' reports  to  county  clerk,  §55 ....  22 

give  notice  of  meeting  of  inspectors,  §15 11 

formation  of  new  district,  §§9, 10 10 

to  directors  of  moneys  apportioned.  §64 

keep  records,  reports,  books,  etc.,  on  tile,  £59 

make  map  of  township  showing  boundaries  of  districts,  §61 23 

not  act  on  township  board  in  case  of  appeal  from  inspectors,  §106 

notify  county  clerk  of  chairman  of  board  of  inspectors,  §60 23 

directors  of  alterations  in  district,  §18 11 

record  order  for  removal  of  officer,  §145 44 

proceedings  of  board  of  inspectors,  §59 

receive  and  dispose  of  communications,  §59 

report  taxes  to  supervisor,  §62 

transmit  to  county  clerk  reports  of  inspectors,  §55 22 

(See  Township  Board  of  School  Inspectors.} 
TOWNSHIP  SCHOOL  INSPECTORS: 

(See  Township  Board  of  School  Inspectors.) 
TOWNSHIP  LIBRARY: 

(See  Libraries.} 
TOWNSHIP   TREASURER: 

duties  in  relation  to  taxes  in  fractional  districts,  §§70,74 25,26 

election  and  term  of  office  of,  §§150,152 

to  apply  to  county  treasurer  for  moneys,  §73 

give  notice  to  township  clerk  of  moneys,  §§73,  74 

hold  moneys  subject  to  proper  orders  and  warrants,  §72 

pay  library  moneys  to  inspectors,  §113. 

school  taxes  next  to  township  expenses,  §72 

recover  penalties,  etc.,  from  certain  officers,  §§141-143 

warrant  for  collection  of  taxes,  §§69,  70 

warrants  on  to  be  signed  by  director  and  moderator,  §§47,48 

(See  Moneys  ;  also,  Taxes.) 
TREASURER,  COUNTY: 

(See  County  Treasurer.} 
TREASURER  OF  BOARD  OF  SCHOOL  INSPECTORS: 

(See  Chairman  of  Board  of  School  Inspectors.} 
TREASURER  OF  DISTRICT: 
(See  Assessor.) 


98  INDEX. 


PAGE. 
TREASURER,  TOWNSHIP: 

(See  Township  Treasurer.} 
TRIAL: 

(See  Action;  Proceedings;  also,  Suits.) 
TRUSTEES,  BOARD  OF: 

(See  Board  of  Trustees.} 
TUITION: 

may  be  charged  for  studies  in  high  school,  §109 

of  non-resident  pupils,  §46 19 

UNION  SCHOOL  DISTRICT: 

(See  Graded  School  District.} 
UNIVERSITY: 

constitutional  provisions,  art.  xiii,  sees.  6-8 6 

VACANCY: 

in  board  of  school  examiners,  §136 

trustees  of  graded  school  district,  §108 35 

district  offices,  how  occasioned  and  filled,  §§29,  30 15,  16 

office  of  regent,  con.  pror.,  art.  xiii,  sec.  6 6 

state  officers,  con.  prov.,  art.  viii,  sec.  3 


(See  Appointment.} 
1RF 


VENIRE : 

in  proceedings  to  obtain  site,  §§91-93 29,  30 

VISITATION: 

and  examination  of  schools,  §§133, 134..... 41,  42 

VOTERS : 

challenge  of,  §25 

who  are  qualified,  §24 13 

(See  District  Meetings.) 
VOUCHERS : 

for  accounts  of  inspectors,  §57 

expenditures  by  assessor,  §52 

payments  at  teachers'  institutes,  §161 48 

WARRANTS : 

on  state  treasurer  for  primary  school  interest  fund,  §4 9 

township  treasurer,  §§47,  48, 72 19,  26 

to  township  treasurer  for  collection.of  taxes,  §§69, 70 25 

(See  Orders;  also,  Township  Treasurer.} 
WITNESSES: 

in  proceedings  to  obtain  site,  §94 

WOMEN: 

eligible  to  election  to  district  offices,  §31 16 

office  of  school  inspector,  §153 

qualified  as  voters  at  district  meetings,  §24 13 

YEAR,  SCHOOL : 

when  to  commence,  §21 12 


/&'/O.J* 

N.  B.— Several  copies  of  this  pamphlet  are  sent  to  each  township  and  district  school 
board,  one  being  intended  for  each  officer.    Please  deliver  accordingly. 


AMENDMENTS    TO    THE    SCHOOL    LAWS. 


INTRODUCTORY  NOTE. 

The  Legislature  of  1883  made  several  amendments  to  the  General  School 
Laws  of  1881,  besides  enacting  a  new  law  relative  to  the  compulsory  attendance 
of  children  at  school.  These  laws  are  given  in  the  following  pages,  as  it  is 
desirable  that  all  school  officers  should  understand  them.  Please  fasten  this 
pamphlet  inside  your  copy  of  the  General  School  Laws  of  1881,  so  that  it  may 
be  preserved  for  convenient  reference.  To  guard  against  any  oversight  that 
might  otherwise  occur,  it  is  suggested  that  the  sections  of  the  General  School 
Laws  of  1881  that  are  amended  by  these  enactments,  be  so  marked  as  to 
direct  reference  to  the  amendments  herein  contained. 

HERSCHEL  R.  GASS, 
Superintendent  of  Public  Instruction. 


CHAPTER  IT,  SEC.  8. 
(§  15),  Page  11.    Amended  by  Act  No.  82.    Given  immediate  effect. 

SEC.  8.  Whenever  the  board  of  school  inspectors  shall  contemplate  an  alter- 
ation of  the  boundaries  of  a  district,  the  township  clerk  (and  for  meetings  of 
boards  to  act  in  relation  to  fractional  districts,  clerks  of  the  several  townships 
interested)  shall  give  at  least  ten  days'  notice  of  the  time  and  place  of  the 
meeting  of  the  inspectors,  and  the  alterations  proposed,  by  posting  such  notice 
in  three  public  places  in  the  township  or  townships,  one  of  which  notices  shall 
be  in  each  of  the  districts  that  may  be  affected  by  such  alteration.  Whenever 
the  board  of  school  inspectors  of  more  than  one  township  meet,  they  shall 
elect  one  of  their  number  chairman,  and  another  clerk  thereof. 


CHAPTER  III,  SEC.  15. 
(§  42),  Page  18.    Amended  by  Act  No.  93.    Takes  effect  Sept.  7,  1883. 

SEC.  15.  The  district  board  shall  specify  the  studies  to  be  pursued  in  the  schools 
of  the  district :  Provided  always,  That  provision  shall  be  made  for  instructing 
all  pupils  in  every  school  in  physiology  and  hygiene,  with  special  reference  to 
the  effects  of  alcoholic  drinks,  stimulants,  and  narcotics  generally,  upon  the 
human  system :  Provided  further,  That  the  text-books  used  in  giving  the 


2  AMENDMENTS  TO  THE  SCHOOL  LAWS. 

foregoing  instruction  shall  have  received  the  joint  approval  of  the  State  Board 
of  Education  and  State  Board  of  Health.  The  said  district  board  shall  pre- 
scribe the  the  text-books  to  be  used,  which  shall  be  uniform  in  each  subject 
that  may  be  taught,  but  text-books  once  adopted  under  the  provisions  of  this 
act  shall  not  be  changed  within  five  years  except  by  the  consent  of  a  majority 
of  the  qualified  voters  of  the  district  present  at  an  annual  meeting.  Each 
school  board  making  a  selection  of  text-books  under  this  act  shall  make  a 
record  thereof  in  their  proceedings. 


CHAPTER  IV,  SEC.  1. 
(§  53),  Page  22.    Amended  by  Act  No.  9.    Takes  effect  Sept.  7,  1883. 

SECTION  1.  The  school  inspectors  of  each  township,  together  with  the  town- 
ship clerk,  shall  constitute  the  township  board  of  school  inspectors  (who  shall 
elect  one  of  their  number  chairman),  and  the  township  clerk  shall  be  the 
clerk  thereof. 


CHAPTER  IX,  SECS.  1  AND  2. 
(§§  104  and  105),  Pages  33  and  34.    Amended  by  Act  No.  82.    Given  immediate  effect. 

SECTION  1.  Whenever  any  five  or  more  tax-paying  electors,  having  taxable 
property  within  any  school  district,  shall  feel  themselves  aggrieved  by  any 
action,  order,  or  decision  of  the  board  of  school  inspectors,  with  reference  to 
the  formation,  or  any  division,  or  consolidation  of  said  school  district,  they  may, 
at  any  time  within  sixty  days  from  the  time  of  such  action  on  the  part  of  said 
school  inspectors,  appeal  from  such  action,  order,  or  decision  of  said  board  of 
school  inspectors  to  the  township  board  of  the  township  in  which  such 
school  district  is  situated,  and  in  case  of  fractional  school  districts  notice  of 
such  appeal  shall  be  served  on  the  clerk  of  the  joint  boards  of  school  inspect- 
ors who  have  made  the  decision  appealed  from,  who  shall,  within  five  days,  give 
notice  thereof  to  the  township  boards  of  the  several  townships  in  which 
the  different  parts  of  said  fractional  school  district  are  situated,  who  shall  have 
power,  and  whose  duty  it  shall  be,  acting  jointly,  to  entertain  such  appeal,  and 
review,  confirm,  set  aside,  or  amend  the  action,  order,  or  decision  of  the  board 
of  school  inspectors  thus  appealed  from ;  or  if  in  their  opinion  the  appeal  is 
frivolous  or  without  sufficient  cause,  they  may  summarily  dismiss  the  same. 

SEC.  2.  Said  appellants  shall,  before  taking  such  appeal,  make  out  and  file 
with  the  board  of  school  inspectors,  or  in  case  of  fractional  school  districts  to 
the  clerk  of  the  joint  boards  of  school  inspectors,  a  written  statement,  to  be 
signed  by  said  appellants,  setting  forth  in  general  terms  the  action,  order,  or 
decision  of  the  board  or  boards  of  school  inspectors  with  respect  to  which  the 
appellants  feel  themselves  aggrieved,  and  their  demand  for  an  appeal  there- 
from  to  the  township  board  or  boards  of  said  township  or  townships,  and  shall 
also  cause  to  be  executed  and  signed  by  one  of  their  number,  and  by  two  good 
and  sufficient  sureties  to  be  approved  by  the  clerk  of  said  board  or  joint  boards 
of  school  inspectors  or  by  any  justice  of  the  peace  of  the  township,  and  filed 
with  the  clerk  of  said  board  or  joint  boards  of  school  inspectors,  a  bond  to  the 
people  of  the  State  of  Michigan  in  .the  penal  sum  of  two  hundred  dollars,  con- 
ditioned for  the  due  prosecution  of  said  appeal  before  said  township  board  or 
boards  acting  jointly,  and  also,  in  case  of  the  dismissal  of  said  appeal  as  frivo- 


AMENDMENTS  TO  THE  SCHOOL  LAWS.  3 

lous  by  said  township  board  or  joint  boards,  for  the  payment  by  said  appellants 
of  all  costs  occasioned  to  the  township  or  townships  by  reason  of  said  appeal. 


CHAPTER  X,  SEC.  1. 
(§  107),  Page  35.    Amended  by  Act  No.  28.    Given  Immediate  effect. 

SECTION  1.  Any  school  district  containing  more  than  one  hundred  children 
between  the  ages  of  five  and  twenty  years  may,  by  a  two-thirds  vote  of  the  qual- 
ified electors  present  at  any  annual  or  special  meeting,  organize  as  a  graded 
school  district:  Provided,  That  the  intention  to  take  such  vote  shall  be 
expressed  in  the  notice  of  such  annual  or  special  meeting.  When  such  change 
in  the  organization  of  a  district  shall  have  been  voted,  the. voters  at  such 
annual  or  special  meeting  shall  proceed  immediately  to  elect  by  ballot  from 
the  qualified  voters  of  the  district,  one  trustee  for  the  term  of  one  year,  two 
for  the  term  of  two  years,  and  two  for  a  term  of  three  years ;  and  annually 
thereafter  a  successor  or  successors  to  the  trustee  or  trustees  whose  term  of 
office  shall  expire:  Provided,  also,  In  all  districts  organized  prior  to  the  year 
eighteen  hundred  and  eighty-three  there  shall  be  one  trustee  elected  at  the 
annual  meeting  for  the  year  eighteen  hundred  and  eighty-three,  and  there- 
after there  shall  be  elected  a  trustee  or  trustees  in  the  manner  aforesaid^whose 
term  of  office  shall  be  three  years,  and  until  his  or  their  successor  or  successors 
shall  have  been  elected  and  filed  his  or  their  acceptance :  Provided,  also, 
That  in  the  election  of  trustees  and  all  other  school  officers,  the  person  receiv- 
ing the  highest  number  of  votes  shall  be  declared  elected. 


CHAPTER  X,  SEC.  5. 
(A  new  section;  will  follow  §  110,  Page  36.)    Added  by  Act  No.  53.    Given  immediate  effect. 

SEC.  5.  Whenever  two  or  more  contiguous  districts  having  together  more  than 
one  hundred  children  between  the  ages  of  five  and  twenty  years,  after  having 
published  in  the*  notices  of  the  annual  meetings  of  each  district  the1  intention 
to  take  such  action*,  shall  severally,  by  a  vote  of  two-thirds  of  the  qualified 
voters  attending  the  annual  meetings  in  said  districts,  determine  to  unite  for 
the  purpose  of  establishing  a  graded  school  district  under  the  provisions  of 
this  chapter,  the  school  inspectors  of  the  township  or  townships  in  which  such 
districts  may  be  situated  shall,  on  being  properly  notified  of  such  vote,  proceed 
to  unite  such  districts,  and  shall  appoint,  as  soon  as  practicable,  a  time  and 
place  for  a  meeting  of  the  new  district,  and  shall  require  three  notices  of  the 
same  to  be  posted  in  each  of  the  districts  so  united  at  least  five  days  before  the 
time  of  such  meeting,  and  at  such  meeting  the  district  shall  elect  a  board  of 
trustees,  as  provided  in  section  one  of  this  chapter,  and  may  do  whatever  busi- 
ness may  be  done  at  any  annual  meeting.  4 


CHAPTER  XI,  SEC.  5. 
(§  115),  Page  36.     Amended  by  Act  No.  114.    Takes  effect  Sept.  T,  1883. 

SEC.  5.  The  board  of  school  inspectors  shall  cause  the  township  library  to 
be  kept  at  some  central  or  eligible  place  in  the  township,  which  it  shall  deter- 


4  AMENDMENTS  TO  THE  SCHOOL  LAWS. 

mine ;  such  board  shall  also,  within  ten  days  after  the  annual  township  meet- 
ing, appoint  a  librarian  for  the  term  of  one  year,  to  have  the  care  and  super- 
intendence of  said  library,  who  shall  be  responsible  to  the  board  of  echool 
inspectors  for  the  impartial  enforcement  of  all  rules  and  regulations  lawfully 
established  in  relation  to  said  library. 


CHAPTER  XII,  SEC.  4. 
(§  128),  Page  39.    Amended  by  Act  No.  93.     Takes  effect  Sept.  7,  1883. 

SEC.  4.  The  board  of  school  examiners  shall  grant  certificates  to  teachers 
in  such  form  as  the  Superintendent  of  Public  Instruction  shall  prescribe, 
licensing  as  teachers  all  persons  who  on  thorough  and  full  examination  shall 
be  found  qualified  in  respect  to  good  moral  character,  learning,  and  ability  to 
instruct  and  govern  a  school ;  but  no  certificate  shall  be  granted  to  any  person 
who  shall  not  pass  a  satisfactory  examination  in  orthography,  reading,  writing, 
grammar,  geography,  arithmetic,  theory  and  art  of  teaching,  United  States 
history,  and  civil  government,  and  after  September  first,  eighteen  hundred 
and  eighty-four,  in  physiology  and  hygiene  with  particular  reference  to  the 
effects  of  alcoholic  drinks,  stimulants,  and  narcotics  upon  the  human  system. 
All  certificates  shall  be  signed  by  the  secretary  and  chairman  of  said  board. 
No  person  shall  be  considered  a  qualified  teacher  within  the  meaning  of  the 
school  law,  nor  shall  any  school  officer  employ  or  contract  with  any  person  to 
teach  in  any  of  the  public  schools  who  has  not  a  certificate  in  force  granted 
by  the  board  of  school  examiners  of  the  county  or  other  lawful  authority : 
Provided,  That  the  certificates  heretofore  granted  by  the  township  superinten- 
dents of  schools  shall  be  valid  for  the  time  for  which  they  were  given,  unless 
sooner  suspended  or  revoked  by  the  board  of  school  examiners :  Provided, 
also,  That  the  several  chairmen  of  township  boards  of  school  inspectors  may 
examine  and  license  teachers  for  their  respective  townships  until  the  county 
school  examiners  are  duly  elected  and  qualified ;  but  no  certificate  hereafter 
granted  by  a  chairman  of  a  township  board  of  school  inspectors  shall  be  valid 
beyond  three  months  after  the  board  of  school  examiners  has  been  duly 
elected,  qualified,  and  organized  in  the  county. 


CHAPTER  XV,  SECS.  1,  2,  AND  4. 
(§§  154, 155  and  157),  Pages  46  and  47.    Amended  by  Act  No.  112.    Given  immediate  effect. 

SECTION  1.  The  People  of  the  State  of  Michigan  enact.  That  all  boards  or 
officers  authorized  bylaw  to  examine  applicants  for  certificates  of  qualification 
as  teachers  shall  collect,  at  the  time  of  examination,  from  each  male  appli- 
cant for  a  certificate  an  annual  fee  of  one  dollar,  and  from  each  female  appli- 
cant for  a  certificate  an  annual  fee  of  fifty  cents,  and  the  director  or  secre- 
tary of  any  school  board  that  shall  employ  any  teacher  who  has  not  paid  the 
fee  hereinbefore  provided,  shall  collect,  at  the  time  of  making  contract,  from 
each  male  teacher  so  employed  an  annual  fee  of  one  dollar,  and  from  each 
female  teacher  so  employed  an  annual  fee  of  fifty  cents.  All  persons  paying 
a  fee  as  required  by  this  section,  shall  be  given  a  receipt  for  the  same,  and  no 
person  shall  be  required  to  pay  said  fee  more  than  once  in  any  school  year. 

SEC.  2.  All  such  fees  collected  by  the  director  or  secretary  of  any  school 


AMENDMENTS  TO  THE  SCHOOL  LAWS.  5 

board  shall  be  paid  over  to  the  secretary  of  the  county  board  of  school  exam- 
iners of  the  county  in  which  they  were  collected,  on  or  before  the  fifteenth 
day  of  March,  June,  September,  and  December,  accompanied  by  a  list  of 
those  persons  from  whom  they  were  collected,  and  all  of  such  fees,  together 
with  all  those  that  shall  be  collected  by  the  county  board  of  school  examiners, 
shall  be  paid  over  by  the  secretary  of  said  board  of  school  examiners  to  the 
treasurer  of  the  county  in  which  they  were  collected,  on  or  before  the  last  day 
of  March,  June,  September,  and  December,  in  each  year,  accompanied  by  a 
complete  list  of  all  persons  from  whom  said  fees  were  collected ;  and  a  like 
list,  accompanied  by  a  statement  from  the  county  treasurer  that  said  fees  have 
been  paid  to  him,  shall  be  sent  by  said  secretary  to  the  Superintendent  of  Pub- 
lic Instruction.  All  moneys  paid  over  to  the  county  treasurer  as  provided  by 
this  act  shall  be  set  apart  as  a  teachers'  institute  fund,  to  be  used  as  herein- 
after provided. 

SEC.  4.  The  Superintendent  of  Public  Instruction,  in  case  of  inability  per- 
sonally to  conduct  any  institute  or  to  make  the  necessary  arrangements  for 
holding  the  same,  is  hereby  authorized  to  appoint  some  suitable  person  for 
that  purpose,  who  shall  be  subject  to  the  direction  of  said  Superintendent. 
Every  teacher  attending  any  institute  held  in  accordance  with  the  provisions 
of  this  act,  shall  be  given  by  the  Superintendent  of  Public  Instruction,  or  by 
the  duly  appointed  conductor,  a  certificate  setting  forth  at  what  sessions  of 
said  institute  such  teacher  shall  have  been  in  attendance,  and  any  teacher  who 
shall  have  closed  his  or  her  school  in  order  to  attend  said  institute  shall  not 
forfeit  his  or  her  wages  as  teacher  during  such  time  as  he  or  she  shall  have 
been  in  attendance  at  said  institute,  and  the  certificate  hereinbefore  provided 
shall  be  evidence  of  such  attendance. 


ACT  NO.  144. 

AN  ACT  TO  PROVIDE  FOR  THE  COMPULSORY  EDUCATION  OP  CHILDREN  IN  CERTAIN  CASES. 

Takes  effect  September  7,  1883. 

SECTION  1.  The  People  of  the  State  of  Michigan  enact,  That  every  parent, 
guardian,  or  other  person  in  the  State  of  Michigan,  having  control  and  charge 
of  any  child  or  children  between  the  ages  of  eight  and  fourteen  years,  shall  be 
required  to  send  such  child  or  children  to  a  public  school  for  a  period  of  at 
least  four  months  in  each  school  year,  commencing  on  the  first  Monday  of 
September  in  the  year  1883,  at  least  six  weeks  of  which  shall  be  consecutive, 
unless  such  child  or  children  are  excused  from  such  attendance  by  the  board 
of  the  school  district  in  which  such  parents  or  guardians  reside,  upon  its  being 
shown  to  their  satisfaction  that  his  bodily  or  mental  condition  has  been  such  as 
to  prevent  his  attendance  at  school,  or  application  to  study  for  the  period 
required,  or  that  such  child  or  children  are  taught  in  a  private  school,  or  at 
home,  in  such  branches  as  are  usually  taught  in  primary  schools,  or  have 
already  acquired  the  ordinary  branches  of  learning  taught  in  public  schools : 
Provided,  In  case  a  public  school  shall  not  be  taught  for  four  months  during 
the  year  within  two  miles,  by  the  nearest  traveled  road,  of  the  residence  of  any 
person  within  the  school  district,  he  shall  not  be  liable  to  the  provisions  of  this 
act. 

SEC*  2.  No  child  under  the  age  of  fourteen  years  shall  be  employed  by  any 
person,  company,  or  corporation,  to  labor  in  any  business,  unless  such  child 


6  AMENDMENTS  TO  THE  SCHOOL  LAWS. 

shall  have  attended  some  public  or  private  day  school  where  instruction  was 
given  by  a  teacher  qualified  to  instruct  in  such  branches  as  are  usually  taught 
in  primary  schools,  at  least  four  months  of  the  twelve  months  next  preceding 
the  month  in  which  such  child  shall  be  so  employed  :  Provided,  That  a  cer- 
tificate from  the  director  of  the  school  district  in  which  such  child  shall  have 
attended  school  shall  be  evidence  of  a  compliance  with  the  provisions  of  this  act. 

SEC.  3.  Every  parent,  guaidian,  or  other  person,  having  charge  or  control" of 
any  child  from  eight  to  fourteen  years  of  age,  who  has  been  temporarily  dis- 
charged from  any  business  or  employment,  shall  send  such  child  to  some  public 
or  private  day  school  for  the  period  for  which  such  child  shall  have  been  dis- 
charged, unless  such  child  shall  have  been  excused  from  such  attendance  by 
the  board  of  the  school  district,  for  reasons  as  stated  in  section  one  hereof. 

SEC.  4.  It  shall  be  the  duty  of  the  school  district  board  of  each  district  of 
the  State  to  purchase  and  furnish,  at  the  expense  of  the  district,  such  text- 
books as  may  in  the  judgment  of  said  board  be  necessary  for  the  use  of  children 
whose  parents  are  not  able  to  furnish  the  same,  the  expense  of  such  books  to 
be  levied  in  like  manner  as  other  district  taxes. 

SEC.  5.  In  case  any  parent,  guardian,  or  other  person  shall  fail  to  comply 
with  the  provisions  of  sections  two,  three,  or  four  of  this  act,  such  parent, 
guardian,  or  other  person  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall, 
on  conviction,  be  liable  to  a  fine  of  not  less  than  five  dollars  nor  more  than  ten 
dollars  for  the  first  offense,  and  of  not  less  than  ten  dollars  for  each  subsequent 
offense. 

SEC.  6.  in  all  cities  and  villages  in  this  State  having  a  population  of  five 
thousand  and  upwards,  the  board  of  education,  or  such  other  officer  or  officers 
having  charge  of  the  schools  of  said  cities,  townships,  and  villages,  may  estab- 
lish one  or  more  ungraded  schools  for  the  instruction  of  children  as  defined 
and  set  forth  in  the  following  sections. 

SEC.  7.  All  persons  between  the  ages  of  eight  and  fourteen  years,  who  are 
habitual  truants  from  school,  or  who  while  in  attendance  at  any  public  school 
are  incorrigible,  vicious,  or  immoral,  in  conduct,  and  all  persons  between  said 
ages  who  absent  themselves  from  school  and  habitually  wander  about  streets 
and  public  places,  having  no  business  or  lawful  occupation,  shall  be  deemed 
juvenile  disorderly  persons,  and  subject  to  the  provisions  of  this  act. 

SEC  8.  In  all  cities  having  a  duly  organized  police  force,  it  shall  be  the 
duty  of  the  police  authority,  at  the  request  of  the  school  authority,  to  detail 
one  or  more  members  of  said  force  to  assist  in  the  enforcement  of  this  act, 
and  in  cities  or  villages  having  no  regular  police  force,  it  shall  be  the  duty  of 
the  board  of  education,  or  the  school  district  officers,  to  designate  one  or  more 
constables  of  said  city,  township,  or  village,  whose  duty  it  shall  be  to  assist  in 
the  enforcement  of  this  act,  as  occasion  may  require,  and  said  board  of  educa- 
tion shall  fix  and  determine  the  compensation  to  be  paid  such  constable  for 
the  performance  of  his  duties  under  this  act.  Members  of  any  police  force,  or 
any  constable,  designated  to  assist  in  the  enforcement  of  this  act,  as  provided 
in  this  section,  shall  be  known  as  truant  officers. 

SEC.  9.  It  shall  be  the  duty  of  any  such  truant  officer  or  officers  detailed  to 
enforce  the  provisions  of  this  act,  to  examine  into  any  cases  of  truancy,  when 
requested  so  to  do  by  the  district  board  or  by  its  authorized  officers,  and  to 
warn  such  truants,  their  parents  or  guardians,  in  writing,  of  the  final  conse- 
quences of  truancy  if  persisted  in,  and  also  to  notify  the  parent,  guardian,  or 
other  person  having  the  legal  charge  and  control  of  any  juvenile  disorderly 


AMENDMENTS  TO  THE  SCHOOL  LAWS.  7 

person,  that  the  said  person  is  not  attending  any  school,  and  to  require  said 
parent,  guardian,  or  other  person,  to  cause  the  said  child  to  attend  the  ungraded 
school,  established  as  provided  for  in  this  act,  within  five  days  from  said  notice, 
and  it  shall  be  the  duty  of  said  parent,  guardian,  or  other  person  having  the 
legal  charge  and  control  of  said  child,  to  cause  the  attendance  of  said 
child  at  the  ungraded  school  established  in  the  city  or  village.  If  said  parent, 
guardian,  or  other  person  having  the  legal  charge  and  control  of  said  child, 
shall  willfully  'refuse,  fail,  or  neglect  to  cause  said  child  to  attend  said 
ungraded  school,  it  shall  be  the  duty  of  said  officer  to  make  or  cause  to  be 
made  a  complaint  against  said  parent,  guardian,  or  other  person  having  the 
legal  control  and  charge  of  such  person,  before  a  justice  of  the  peace  in  the 
city  where  the  party  resides,  except  in  the  city  of  Detroit,  where  complaint 
shall  be  made  in  the  recorder's  court  thereof,  for  such  refusal  or 
neglect,  and  upon  conviction  thereof  said  parent,  guardian,  or  other  person, 
as  the  case  may  be,  shall  be  punished  by  a  fine  of  not  less  than  ten  dollars, 
nor  more  than  twenty-five  dollars,  or  the  court  may  in  its  discretion  require 
the  person  so  convicted  to  give  a  bond  in  the  penal  sum  of  one  hundred  dol- 
lars with  one  or  more  sureties  to  be  approved  by  said  court,  conditioned  that 
said  person,  so  convicted  shall  cause  the  child  or  children  under  his  legal  charge 
or  control,  to  attend  at  the  ungraded  school  within  five  days  thereafter,  and  to 
remain  at  said  school  during  the  full  school  term :  Provided,  That  if  said 
parent,  or  guardian,  or  other  person  in  charge  of  said  child,  shall  prove  inabil- 
ity to  cause  said  child  to  attend  said  ungraded  school,  then  said  parent,  or 
guardian,  or  other  person  shall  be  discharged,  and  said  justice  of  the  peace 
or  court  shall,  upon  complaint  of  said  truant  officer,  or  other  person,  that 
said  child  is  a  juvenile  disorderly  person,  as  described  in  section  seven  of  this 
act,  proceed  to  hear  such  complaint,  and  if  said  justice  of  the  peace  or  court 
shall  determine  that  said  child  is  a  juvenile  disorderly  person,  within  the  mean- 
ing of  this  act,  then  said  justice  of  the  peace  or  court  shall  thereupon  sen- 
tence said  child  to  the  Reform  School  at  Lansing,  or  the  Industrial  Home  for 
Girls  at  Adrian,  as  the  case  may  be,  for  a  term  not  exceeding  two  years,  or 
until  said  child  shall  arrive  at  the  age  of  sixteen  years,  unless  sooner  discharged 
by  the  board  of  control  of  said  Reform  School  or  Industrial  Home  for  Girls: 
Provided,  hoivever,  That  such  sentence  may  be  suspended  in  the  discretion  of 
said  justice  of  the  peace  or  judge  of  the  recorder's  court  for  such  time  as 
said  child  shall  regularly  attend  school  and  properly  deport  himself.  It  is 
further  provided  that  if  for  any  cause  the  parent,  or  guardian,  or  other  person 
having  charge  of  any  juvenile  disorderly  person,  as  defined  in  this  act,  shall 
fail  to  cause  such  juvenile  disorderly  person  to  attend  said  ungraded  school, 
then  complaint  against  such  juvenile  disorderly  person  may  be  made,  heard, 
tried,  and  determined,  in  the  same  manner  as  is  provided  for  in  case  the  parent 
pleads  inability  to  cause  said  juvenile  disorderly  person  to  attend  said  ungraded 
school,  and  it  is  further  provided  that  no  child  under  the  age  of  ten  years  shall 
be  sent  to  the  Reform  School. 

SEC.  10.  In  case  any  child,  while  in  attendance  upon  any  public  school, 
shall  be  incorrigible,  vicious,  and  persistently  refuses  to  obey  any  reasonable 
rule  for  the  government  of  said  school,  the  school  authorities  may  direct  said 
child  to  attend  at  the  ungraded  school  provided  for  in  this  act;  and  any  such 
child  who  after  such  requirement  shall  be  incorrigible,  vicious  in  conduct^  or 
habitually  truant  from  such  ungraded  school,  may  be  proceeded  against  as  a 
juvenile  disorderly  person,  under  the  provisions  of  section  nine  of  this  act. 


8  AMENDMENTS  TO  THE  SCHOOL  LAWS. 

SEC.  11.  When  it  appears  to  the  school  authorities  that  the  parent,  guardian, 
or  other  person,  is  unable  to  provide  suitable  books  for  said  child,  said  child 
shall  be  furnished  by  the  school  board  with  such  books  as  are  required  in  the 
course  of  studies  pursued  in  such  ungraded  school,  and  said  books  shall  be  the 
same  in  all  respects  as  those  in  use  in  other  schools  in  said  city,  township,  or 
village,  and  no  distinction  in  form,  color,  or  substance  shall  be  permitted. 
The  expense  of  said  books  shall  be  paid  for  from  the  school  fund  of  said 
municipality,  and  levied  and  collected  in  the  same  manner  as  all  other  school 
taxes. 

SEC.  12.  It  shall  be  the  duty  of  the  officers  detailed  or  appointed  under  the 
provisions  of  this  act  to  assist  in  the  enforcement  thereof,  to  institute,  or  cause 
to  be  instituted,  proceedings  against  any  parent,  guardian,  or  other  person 
having  legal  charge  and  control  of  any  child,  or  any  person,  company,  or  cor- 
poration, violating  any  of  the  provisions  of  sections  one,  two,  three,  four,  and 
five  of  this  act;  and  in  school  districts  and  cities,  and  villages  of  less  than 
five  thousand  inhabitants,  it  shall  be  the  duty  of  the  school  board  to  institute, 
or  cause  to  be  instituted,  such  proceedings. 

SEC.  13.  When  any  of  the  provisions  of  this  act  are  violated  by  a  corpora- 
tion, proceedings  may  be  had  against  any  of  the  officers  or  agents  qf  said  cor- 
poration, who  in  any  way  participate  in  or  are  cognizant  of  such  violation  by 
the  corporation  of  which  they  are  the  officers  or  agents,  and  said  officers  or 
agents  shall  be  subject  to  the  same  penalties  as  individuals  similarly  offending. 


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